Simon v. State

OPINION

McDONALD, Presiding Judge.

The offense is murder with malice; the punishment, 30 years in the penitentiary.

It is undisputed that appellant stabbed David “Priest” Comeaux during a crap game following an argument as to whether or not the deceased had “made his point”, and that the deceased bled to death as a result of the stab wound. It was appellant’s contention that he stabbed the deceased in self-defense.

The facts, briefly summarized from testimony including that of three eye-witnesses, are that the dice game was held in the home of witness Richard Overton, with appellant, his brother,…