Mitchell v. State

OPINION

DOUGLAS, Judge.

The conviction is for murder; the punishment was assessed by the court at 15 years.

The evidence is undisputed that the appellant shot and killed Johnny Jackson with a pistol. After the State had rested its case, the appellant testified that he had known Johnny “Mutt” Jackson for a year or two, and that they were having some trouble because he (appellant) had “cut up” Jackson’s stepson. About a week before the homicide, Jackson wanted the appellant to have a drink with him at a cafe, and the appellant refused and this made Jackson angry. The appellant testified that on…