Moulton v. State

OPINION

QUENTIN KEITH, Commissioner.

Appellant was indicted for murder with malice and the jury assessed his punishment at thirty-five years’ imprisonment.

Although the appellant does not challenge the sufficiency of the evidence to sustain the conviction, we set out a few of the salient facts necessary for treatment of the contentions which are advanced.

Appellant and Everette Arthur Phillips, Jr., were jointly indicted for the murder of Ignacio Garcia by choking him on the neck with a wire and a piece of cloth. At the time of the commission of the offense, appellant and Phillips were prisoners…