According to the states witnesses, appellant shot the deceased, Robert Rivas, while he (deceased) was engaged in a fight with one, Torribio Vasquez, and a boy by the name of Soto. In giving their version of the shooting, the witnesses testified that after Vasquez and Soto started the fight, the deceased picked up a chair and while holding it in front of him, backed away; that after he had dropped the chair, Vasquez hit him on the head with a beer bottle, and while the deceased was still backing away, the appellant shot him.
