Howard v. State

Murder; twenty years.

On the morning of April 22, 1981, appellant and his wife stopped at a store and gasoline station operated by the deceased, Jeffie "Dink" Smith. Appellant and Smith began arguing and a fight broke out, during which Smith struck appellant and knocked him down. As appellant was trying to get up, Smith cut him with a knife. The evidence was in conflict regarding whether appellant reached in his pocket before Smith pulled the knife. Smith cut the appellant above the eye, on his back and on his stomach, and then put the knife to appellant's neck, at which time a bystander…