Moczygemba v. State

OPINION

DALLY, Commissioner.

This is an appeal from a conviction for murder; the punishment is imprisonment for 5 years.

The appellant asserts that the evidence is insufficient to support the jury verdict for murder with malice, and that he was deprived of constitutional due process because he was not given the opportunity to appear before the grand jury before it returned the indictment charging him with this offense and because his attorney was not notified before the grand jury considered the charges and returned the indictment.

The appellant and his wife Frances gave a party on the evening of…