Beaver v. State

KRUEGER, Judge.

The offense is murder. The punishment assessed is confinement in the state penitentiary for a term of ten years.

Appellant brings forward quite a number of complaints. His first contention is that the evidence is insufficient to justfy and sustain his conviction and that the trial court erred in declining to submit to the jury his special requested instruction to return a verdict of not guilty.

There were two theories presented by the evidence. That of the State was that appellant intentionally fired the shot which killed his wife, while that of appellant was that the pistol was…