Timmons v. State

Almand, Presiding Justice.

Under an indictment charging him with the unlawful killing of William Dozier by cutting, stabbing and wounding, the appellant Robert Timmons was found guilty of the offense of murder without a recommendation of mercy. The appeal seeks to set aside the verdict and sentence on three grounds: (1) Appellant was tried by eleven jurors, (2) The court failed to charge the law of mutual combat, and (3) Appellant, a prisoner in a state work camp at the time of his trial, was brought into court in prison uniform. Held:

1. We deal with grounds 1 and 3 together. The record…