Mitchell v. State

WOODLEY, Judge.

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

*130The 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 for a time, but the living quarters in which the killing occurred was their home.

Appellant testified that the pistol was discharged while held by the…