Tea v. State

OPINION

WOODLEY, Presiding Judge.

The offense is murder with malice; the punishment, death.

This is a companion case to Roy Earl David v. State, 453 S.W.2d 172, this day decided, they having been jointly indicted on July 5, 1967, for the murder of Robert Farley, but separately tried.

The record reflects that on July 25, 1967, notice in writing in open court signed by Thomas C. Dunn, Assistant District Attorney, was filed making known that the state would seek the death penalty as proper punishment of the defendant Cornelius Tea. Appellant’s trial began November 13, 1967.

Appellant’s first ground…