Mitchell v. State

The appellant was indicted for the crime of murder in the first degree by killing one Vance Conway, and was tried thereon and convicted of murder in the second degree, and his punishment fixed at ten years’ confinement in the penitentiary. He filed his motion for new trial, assigning various grounds which we will mention in the opinion as far as deemed material, and, the same being overruled, he has appealed to this court.

The killing, which is admitted by appellant, occurred while he and deceased were engaged in a game of craps with several other men, and appellant claims that he acted in…