Kirby v. State

HAWKINS, Judge.

Upon conviction for the murder of his wife appellant was assessed the death penalty.

The parties involved are negroes. Appellant lived with his wife and children on a farm some few miles from the city of Columbus. The dead body of the wife was discovered about two o’clock upon the day of the killing. Willie Kirby, about sixteen years old, was away from home at dinner time but came in about two o’clock and discovered his mother lying on the floor dead, and immediately told his brother, Lee Kirby, who was at that time coming through the field towards the house. Willie Kirby…