McGowen v. State

DICE, Judge.

The offense is murder, the punishment, death.

The indictment charged that the appellant killed Herbert Schwartz by cutting and stabbing him with a knife, and further alleged a prior conviction of a capital offense for the purpose of enhancing the punishment under Article 64, V.A.P.C.

The state’s evidence shows that the deceased and three companions were seated at a table in the 2K Sandwich Shop in the city of Houston between 1:30 and 2 o’clock a.m., on the morning of October 17, 1954. After they were seated at the table the appellant and a man by the name of Falconnier and two women…