Humphreys v. State

John Lee Humphreys was convicted, without any recommendation by the jury, of the murder of Fannie Lee Humphreys. In one ground of the motion for a new trial complaint is made of the omission, without request, to charge the law of voluntary manslaughter as defined in the Penal Code, §§ 64, 65. There was uncontradicted evidence that the persons named were husband and wife, living in a state of separation. There was other evidence as to statements by the defendant, substantially as follows: that “he killed his wife down there below the bridge;55 that “he shot her twice with a shotgun55 and “one…