Cavender v. State

OPINION

DAYIS, Commissioner.

Appeal is taken from a conviction for murder with malice. 1 Punishment was assessed by the jury at seventy-five years.

Prosecution stems from an indictment charging appellant with killing his aunt, Lillian Lucille Garcia, by stabbing her with a knife on or about the 21st day of January, 1972.

Appellant contends that the court erred in overruling his motion for mistrial “when the prosecutor asked appellant if his mother hadn’t told his uncle (Pablo Garcia, the deceased’s husband) that Prank [appellant] had stabbed his aunt (the deceased) and that he (the prosecutor)…