Mitchell v. State

Alex Mitchell, alias Shrimp Tail, was indicted, tried, and convicted of murder in the first degree. His punishment was fixed at death by the jury.

The defendant offered to prove by a witness that he (defendant) ‘‘had been drunk continuously for two weeks or more next immediately preceding the commission of the offense for which he was being tried.” The objection of the state to this evidence was sustained by the court, and the defendant duly excepted. The hill of exceptions does not set out the evidence or its substance. It makes no statement of the evidence. “Immediately” means without…