Carpenter v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for murder with malice. The jury assessed the punishment at life.

Appellant was indicted with another for the murder of James Warner Bricker. He initially pled not guilty after the State filed notice of intent to seek the death penalty. On January 15, 1970, during jury selection, the appellant and his co-defendant, by their counsel, personally and joined by the State, moved for a mistrial. The motion was granted, the State withdrew its notice to seek the death penalty, appellant changed his plea to guilty and filed his election to have…