Hardison v. State

RICE, Judge.

Appellant was convicted of the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of ten years.

It was charged in the indictment on which he was tried that he “unlawfully and with malice aforethought killed Ella Hardison by hitting her with some blunt instrument, a further description of the same being to the Grand Jury unknown.”

Deceased was the wife of appellant; and the evidence by which he was sought to be held responsible for her death was entirely circumstantial.

In such situation, it was of course permissible for…