Petty v. State

HARRIS, Presiding Judge.

Appellant was convicted of murder in the second degree and the jury fixed his punishment at fifteen years in the penitentiary. He was represented by retained counsel and upon arraignment pleaded not guilty. After sentence was imposed he gave notice of appeal and he is represented by trial counsel.

Appellant was charged with the shotgun slaying of his wife while they were in the process of divorce proceedings.

The evidence for the State tended to show that about 8:45 on the night of May 27, 1977, a Deputy Sheriff of Madison County, Richardson Franklin, was on routine…