Fox v. State

HARPER, Judge.

Appellant, under an indictment charging him with murder, was convicted of manslaughter, and his punishment assessed at five years confinement in the State penitentiary.

Appellant complains of the action of the court in overruling his application for a continuance on account of the absence of Mrs. H. B. Sturdevant, by whom he stated he expected to prove that on the night Mr. Glasgow was killed she was unwell and called Dr. Menafee between 12:30 and 1 o’clock that night and he was at home. If the killing had taken place at or near that hour, under the allegations, this evidence…