Page:Bone v. State (1940).pdf/10

 S.W.2d 928, said:

""There is no evidence in the record tending to show any enmity between appellant and deceased prior to the difficulty resulting in the injury to deceased. All the evidence is to the effect that appellant and deceased were on good terms

"According to the testimony of the state, the difficulty occurred when Exa threw a pan of bread at deceased and ordered them out of the house;

"There is no question that a sudden fight occurred between the parties a few minutes after Williams and Reed entered the kitchen. The fight was carried on with most anything they could get their hands on

"We do not think it has been shown beyond a reasonable doubt that the killing was the result of malice, and certainly it does not show beyond a reasonable doubt that it was the result of deliberation and premeditation on the part of appellant

"We think that when the evidence on the part of the state is viewed in the most favorable light to the state, the highest degree of homicide which it can possibly support is voluntary manslaughter.""

Accordingly the judgments are reduced to seven years in each case, and as thus modified they are affirmed.