McNeill v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for forty years.

The State predicates a motion to dismiss the appeal on the ground that pending such appeal appellant escaped from the custody of the sheriff. In view of the showing made by appellant, and the fact that he is yet in custody, we have concluded that the motion to dismiss should be overruled. See Leonard v. State, 109 S. W., 149.

*252Libby McNeill, deceased, was the wife of appellant. She weighed about 130 pounds. It was uncontroverted that on the 28th of November, 1933, appellant attacked deceased…