Kerr v. State

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Willie Fountain by shooting him with a gun.

Appellant and his wife had become estranged due to the fact that she and deceased had shown some affection for each other. Sometime prior to the homicide appellant's wife had given deceased a lock of her hair which he had worn on his hat. It appears from the testimony of the appellant that he and his wife had adjusted their differences and she had gone back to him. She…