Mims v. State

GRAVES, Presiding Judge.

The offense is murder; the penalty assessed is confinement in the state penitentiary for a term of 12 years.

In the brief of Hon. Wesley Dice, State’s Attorney, the facts are summarized as follows:

“The homicide occurred on the night and early morning of March 16 and 17, 1952, in the town of Odessa, in front of the colored Elks Club in a section commonly known as the ‘flats.’ According to the State’s version, the deceased, Mack Swopes, who was operating the colored Elks Club, first had a difficulty with a colored lady who came to the club to find her husband. During this…