Bays v. State

HENDEBSOH, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at confinement in the penitentiary for a term of seven years; hence this appeal.

The facts show that appellant and deceased, Mathew McLeroy, were brothers-in-law, deceased having married the sister of appellant. At the time of the homicide deceased and his wife were living at J. M. Hodge’s house, who was appellant’s grandfather. Appellant himself lived some quarter or half a mile distance from Hodges. On a few nights before the homicide, according to the testimony of Mrs. Hodge, she saw…