WITHERS v. STATE

No. 26584.

263 S.W.2d 784 (1953)

WITHERS v. STATE.

Court of Criminal Appeals of Texas.

December 2, 1953.


Attorney(s) appearing for the Case

Everett Lord, Beaumont, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


WOODLEY, Judge.

Appellant was charged by indictment with the offense of murder without malice, the indictment alleging that he voluntarily killed James Kirby by cutting him with a knife. He entered a plea of guilty and the jury, under instruction of the court, returned a verdict finding him guilty and assessing his punishment at four years in the penitentiary.

A motion for new trial was filed alleging that the verdict was contrary to law and the evidence ...

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