Mitchell v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appel lant, with malice aforethought, killed Chester Hutcheson by shooting him with a pistol.

The testimony adduced by the State was, in substance, as follows: Appellant, who is a negro, operated a cafe in the town of Merkel. In his cafe he maintained a domino table, a piano and a Victrola. Deceased had ordered him to move the domino table. Shortly before the homicide, deceased came to the cafe and asked appellant if he had moved said domino table. Appellant answered in the…