Phillips v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at twenty-five years confinement in the penitentiary.

When the case was called for trial application was made to continue on account of the absence of J. B. Phipps and Chas. Sublin. By Sublin it was proposed to prove that he saw deceased, appellant and Berry, just before sundown on the day of the killing, and they were drunk, and seemed to be the best of friends. By Phipps that he was living near Eulogy at the time the killing occurred, and saw defendant and deceased as they passed his…