Mosley v. State

HAWKINS, Presiding Judge.

Appellant was convicted of the killing with malice of Paul Humphrey, Jr., and assessed a penalty of fifty years in the penitentiary, and he appeals.

There is practically but one question presented to us in this appeal, and such relates to the charge of the court.

The facts show that on the night of the homicide, appellant and his wife, among others, were present in a club in Belton, in a place upstairs where beer was sold. That appellant and his wife had some disagreement which resulted in the wife slapping appellant and knocking his hat off. Appellant’s wife was…