Spencer v. State

McCORD, Judge.

An indictment was returned against appellant in the District Court of Falls County charging him with the murder of one George Thomas. His trial resulted in a conviction of manslaughter with a penalty of two years confinement in the penitentiary.

1. On the trial of the ease when the State’s witness James Me Cleary Avas on the witness stand he was asked on cross-examination if he had not stated to Mr. Gray, the city marshal, and appellant that he saw no part of the killing, did not see any one with a pistol, and did not see appellant or any one else shoot the deceased. He admitted…