Robinson v. State

— Appellant here was indicted for murder in the first degree. After a trial by jury he was con victed of murder in the second degree. He was sentenced to life imprisonment.

Error is assigned on the overruling of his motion for new trial on the grounds that the verdict was not sustained by sufficient evidence and was contrary to law.

To consider the question of the sufficiency of the evidence to sustain the verdict it is necessary that we consider the evidence most favorable to appellee, which was as follows.

Decedent and Peggy Ann Dyer were married in 1957 and separated in about September of…