Whitten v. State

Hoyle N. Whitten, charged with the murder of Johnny Elmore, was found guilty.of voluntary manslaughter and sentenced to imprisonment for two years.

The homicide occurred soon after midnight on the morning of September 21, 1952. Whitten and his wife had been separated for some time; Mrs. Whitten was living at the home of her father. The State’s proof showed that Whitten, having learned that his wife was out with another man, drove to his father-in-law’s house and waited outside with a rifle. Within about two hours Elmore and Mrs. Whitten arrived in a truck. The State’s contention is that…