MITCHELL v. STATE

No. 41651.

436 S.W.2d 539 (1968)

John Henry MITCHELL, aka Lonnie Mitchell, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied February 19, 1969.


Attorney(s) appearing for the Case

Raymond A. Wietzel, San Antonio, for appellant.

James E. Barlow, Dist. Atty., Sparta Bitsis, Asst. Dist. Atty., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, ten years.

The state did not seek the death penalty and the trial was before the court on a plea of not guilty.

The indictment alleged that on or about May 4, 1967, appellant voluntarily and with malice aforethought killed and murdered Eugene Williams, Jr., by stabbing him with a knife.

The state offered evidence showing that appellant, after having...

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