Mitchell v. State

DAVIDSON, Judge.

Murder without malice is the offense; the punishment, five years in the penitentiary.

That appellant killed deceased by stabbing him with a butcher knife in the region of the heart is not denied. The State’s testimony shows that the killing was unprovoked and unjustified, while that of the appellant shows a killing in self-defense from an actual attack, as also threats.

Appellant filed, and supported by proof, an application for a suspension of sentence.

Upon direct examination appellant admitted that she had been arrested for vagrancy and fighting, which, she said, were the…