Weaver v. State

MORROW, Judge.

This appeal is from a conviction for murder with the death penalty- assessed.

The tragedy took place near one of the public schools at which appellant was working as janitor. He shot and killed the deceased. According to the State’s theory, the homicide was on malice engendered by the efforts of deceased to collect an account from the appellant. It was appellant’s theory that he had been„ informed by his wife that the deceased had insulted and assaulted her, and that when appellant on first meeting, charged the deceased with this conduct it was not denied, but the deceased used…