Asken v. State

DAVIDSON, Presiding Judge.

Conviction of murder in the second degree, penalty affixed being confinement in the penitentiary for a term of twenty-three years.

Appellant presented his first application for continuance, which was refused. The State’s case, by several eye-witnesses, was to the effect that all the parties named were engaged in playing a game of craps; that appellant threw the dice, and deceased, John Ivery, “faded” him, as the witnesses call it. Defendant bet 50 cents. Deceased either bet only 30 cents, or if he bet 50 cents, when appellant won he took up 20 cents. This brought up…