Cupp v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of murder, and his punishment assessed at confinement in the State penitentiary for a term of five years.

The testimony, briefly stated, shows that the appellant and his family, as well as the deceased and his family, had all resided in the city of Dallas; that some unpleasantness arose between the appellant and his wife which, according to his version of the affair, caused him to separate from her and he moved into Erath County, Texas, where he subsequently instituted divorce proceedings against his wife and prayed for the…