Whaley v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for eight years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed T. A. Nichols by cutting, slashing and stabbing him with a knife.

The' homicide occurred on the 9th of September, 1934. At the end of a game of dice, which had been in progress for several hours, deceased and appellant had a difficulty over a check deceased had put in the game and lost. During the difficulty appellant mortally wounded deceased by stabbing him with a knife. It was the State’s…