MITCHELL v. STATE

No. 25014.

239 S.W.2d 384 (1951)

MITCHELL v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied May 23, 1951.


Attorney(s) appearing for the Case

Percy Foreman, Houston, for appellant.

A. C. Winborn, Criminal Dist. Atty., E. T. Branch, Asst. Criminal Dist. Atty. (now deceased), Spurgeon E. Bell, Special Pros., Houston, George P. Blackburn, State's Atty., Austin, for the State.


WOODLEY, Commissioner.

The appeal is from a conviction for the murder of Jean Mitchell, the wife of appellant, the jury having assessed the death penalty.

The deceased met her death as a result of a pistol bullet fired into the top of her head approximately five inches above the left eye and four inches above the left ear. Her body was found in the bathroom of the living quarters adjoining appellant's cafe.

Appellant and the deceased had been separated...

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