Mitchell v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, ten years.

The state did not seek the death penalty and the trial was before the court on a plea of not guilty.

The indictment alleged that on or about May 4, 1967, appellant voluntarily and with malice aforethought killed and murdered Eugene Williams, Jr., by stabbing him with a knife.

The state offered evidence showing that appellant, after having an argument with Sylvania Hartfield earlier in the day, met Sylvania in the street and stabbed her in the stomach with a butcher knife.

Sylvania’s nephew, David…