Mitchell v. State

KRUEGER, Judge. '•

The conviction is for murder without malice; the punishment assessed is confinement in the state penitentiary for a term of five years.

The state’s testimony shows that on the 1st day of September, 1938, while the deceased was in his cotton field with Mr. Williams checking cotton land for the County Agent, appellant came to a point near a tree under which Williams, the deceased and one or two other persons were sitting looking at a map. Appellant called to the deceased to come to him, that he would like to see him for a minute. The deceased replied that he was busy just then…