Speaks v. State

Three persons only were present when the homicide occurred, and thus there are left only two eyewitnesses. One of these, the prosecuting witness, testified that appellant committed the crime, while appellant is equally positive in his testimony that he is entirely innocent of it and that the killing was done by the said prosecuting witness. Much of the additional testimony tends strongly to corroborate the state’s principal witness, while there are two features of the' evidence, undisputed in both said features, which tend to support the version maintained by appellant. There was presented ■…