Morgan v. State

Christian, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Eleanor Morgan by “choking her and strangling her and beating her in the head with a bottle and tying an insulated wire around her neck and thereby choking her.”

Two or three years prior to the homicide Frank Rose, his wife (the deceased) and their small daughter, Gloria, moved into the same apartment house in which appellant lived with his wife and son. A clandestine affair developed between appellant and deceased. Finally the wife of…