Whitaker v. Haynes

COMBS, Justice.

Appellant, Charley Whitaker, cut ap-pellee Haynes with a knife inflicting serious injury, and Haynes brought this .action for damages. Plaintiff’s theory of the case was that he was sitting in his .automobile when the defendant came up to the car and without provocation cut him with a knife. The evidence showed that Haynes was sitting in his car in the town -of Douglas, Nacogdoches County, talking to one Jack Kelley, a nephew of defendant, when defendant Whitaker came up to the car and slashed him across the abdomen with a knife disemboweling him. Haynes’ testimony was that…