McFarland v. State

DAVIDSON, Judge.

Murder is the offense; the punishment, twenty years’ confinement in the penitentiary.

That appellant killed Garland Powers by stabbing him in the region of the heart with an ice pick is not disputed. The disputed issues of fact were whether the killing was in self-defense and with malice.

We will state only such of the facts as are deemed necessary for a determination of the questions presented for review.

Appellant and his wife operated a small cafe known as the “Cozy Inn” at Brownwood. The cafe was operated chiefly by the wife. Deceased was a soldier in the army and was…