Bailey v. State

DICE, Commissioner.

The conviction is for murder with malice; the punishment, six years’ confinement in the penitentiary.

In view of our disposition of the case, a recitation of the facts is unnecessary other than to observe that it was undisputed that appellant killed the deceased by shooting him with a pistol.

Appellant and the deceased were husband and wife, but on the day of the killing were separated and not living together. The homicide occurred on an occasion when the deceased returned to the home and engaged appellant in a conversation relative-to his taking custody of their…