Court of Criminal Appeals of Texas December 8, 1920, No. 6001. (Tolston v. State)

LATTIMORE, Judge.

Appellant was convicted in the-District Court of Polk county of murder and his punishment fixed at twenty-five years confinement in the penitentiary.

He was charged with killing an Indian named Batise by throwing a bottle at him. The main defense was an alibi, but appellant insisted "throughout that the evidence was insufficient to show an intent to kill.