Miles v. State
| Decision Date | 01 June 1887 |
| Citation | 5 S.W. 250 |
| Parties | MILES v. STATE.<SMALL><SUP>1</SUP></SMALL> |
| Court | Texas Court of Appeals |
Lockwood, the assaultee, was the only witness for the state. He testified that about October 4, 1885, he and the appellant, Miles, with others, were herding cattle in a pasture on the Double Mountain Fork. The appellant and witness shared the same bed. On the night of said day, witness went with Mr. Lasater to hobble their horses, and then returned to camp. Miles and witness were to take their bedding and sleep where the cattle were bedded, some distance from camp, and witness, when he returned from hobbling his horses, asked Miles "to hand me up our bedding." Miles then asked witness what in the h____l he had been doing, and witness told him he had just finished hobbling his horses. Miles then said he would "cut our bedding." Witness went and separated their bedding. In a few minutes Miles picked up a canteen and started off, and witness asked him where he was going, and he replied, "to cut our bedding." Witness told Miles he had saved him the trouble. They then went to where the cattle were bedded, and witness, when they got there, told Miles that he (Miles) had been trying to force him into a difficulty, and that, notwithstanding that he (Miles) was considerably the larger man, if he would get down off his horse, he (witness) would give him a fair fist fight. Miles replied that he would not fight the witness a fair fist fight, but would go to camp and get a Winchester, and would do witness up in grand shape. In a short time Miles came back accompanied by John Chambers, and both of them rode straight up to witness, Miles approaching on the side next witness, and Chambers on the other side of Miles. Chambers asked witness to drop the quarrel, and witness replied: "All right; I am not stuck on fighting anyway." About that time Miles struck witness on the shoulder with his hand, and said that witness was not game to fight him with a Winchester. Witness replied that he was unarmed, and always went unarmed; but, if he (Miles) would get down, he (witness) would fight him a fist fight. About that time John Chambers, who had ridden a little before Miles turned his horse, and slapped witness in the face, and then drew his six-shooter, and struck twice at witness with it; but witness avoided the blows by backing his horse. At that stage of the affair two men came riding up, and Miles and Chambers...
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