Bell v. State

WOODLEY, Judge.

The offense is murder; the punishment, 20 years.

The deceased, Billy Bob Benton, received two stab wounds in what appears to have been a gang fight, and died as a result of the wound in the groin which severed the femoral artery.

Appellant was charged and convicted of murder upon the *428theory that he inflicted the death wound with a knife with intent to kill Billy Bob Benton and with malice aforethought.

Under the state’s theory, only the person who inflicted the mortal wound was guilty of murder, there being no contention or submission of the question of appellant’s guilt under the…