Pla. in error is accused of stabbing Charlie Dodgin with a pocket knife with intent to kill. Pla. in error, his wife, Otha Reagan, and Dodgin spent the night at Skiyuki Inn, which is described as a restaurant and soft drink stand. During the night, all of the parties consumed whiskey. After Pla. in error fell asleep, Dodgin and Pla.'s wife got into an argument and struck each other. Upon learning this, the Pla. in error went to Dodgin and stabbed him.