Butler v. State

ON APPELLANT’S MOTION FOR REHEARING

WOODLEY, Judge.

The opinion affirming the conviction is withdrawn and the following substituted therefor.

The offense is murder; the punishment, death.

Appellant went to his place of employment, which was some 23 to 30 minutes drive from his home, arriving at 9:45 P.M. When he returned home shortly after 6 A.M. he called a neighbor who came to the house and found the body of appellant’s wife, the deceased, lying on the kitchen floor.

The autopsy revealed that the deceased had been struck several blows on the head and that thereafter her throat had been cut. The…