Mitchell v. State

LATTIMORE, Judge.

Conviction for murder; punishment, ninety-nine years in the penitentiary.

Deceased was a police officer in the city of Waco, and apparently attempted to arrest appellant, who was carrying a pistol. A struggle ensued in which deceased was shot through the head and killed. After he had fallen, the testimony shows that appellant beat the head of deceased into a pulp with deceased’s own pistol. We think the facts sufficient to justify the jury’s verdict.

The record contains but one bill of exceptions, which presents appellant’s complaint of the refusal of his motion for a…