Mitchell v. State

HARPER, Judge.

Appellant was convicted of murder and his punishment assessed at ten years confinement in the State penitentiary.

Appellant insists that the evidence in this case would only support a verdict for manslaughter, and the court erred in submitting the issue of murder. In this we think he is in error, for although it is apparent from the whole record that appellant killed deceased because of his belief that improper relations existed between deceased and his wife, it is the law of this State that, in order to reduce a killing to manslaughter, when this ground is relied on, the killing…