Harris v. State

Appellant was found guilty of murder, and his punishment assessed at death, from which conviction he prosecutes this appeal.

In the first bill of exceptions it is shown that counsel for the State in his argument stated to the jury, that if the deceased and defendant engaged in mutual combat, and the combat was abandoned by deceased it would be in law the same as if deceased had never engaged in the difficulty at all. Under the facts in this case we do not think this was a very improper statement. The evidence shows that when attention was first called to the parties, they were down on the…