Mills v. State

PRENDERGAST, Judge.

Appellant was convicted of murder and his punishment assessed at seven years in the penitentiary.

The evidence, without any contradiction, hy several witnesses showed that appellant stabbed deceased in the head with a knife and killed him without any justification or provocation. The circumstances of the stabbing and killing were such as to be sufficient to show that the killing .was with malice aforethought by appellant.

The only question in the case is whether or not the court erred in overruling his motion for a continuance and in overruling his motion for new trial on…