Sample v. State

MORRISON, Judge.

The offense is murder; the punishment, twenty-five years.

It is readily deducible from the evidence that the deceased had been having clandestine acts of intercourse with the appellant’s wife Rita. It was also shown by witnesses for the state and the accused that the appellant had sought the aid of deceased’s wife to bring such affair to a termination. This is the only conceivable motive for the homicide or reason for the appellant to seek out the deceased. The state’s theory was that appellant shot the deceased as he walked up to the appellant’s automobile. The appellant and…