Kirby v. State

HARPER, Judge.

— Appellant was indicted, tried and convicted of murder in the first degree, and his punishment assessed at imprisonment in the penitentiary for life.

According to the view we take of the evidence all the issues hang on one proposition: was the defendant insane at the time of the commission of the offense? That he'killed Sam Wilson is proven beyond dispute, and the circumstances attending the killing are such that if appellant was sane, the jury were fully authorized to find the verdict they returned. Appellant’s wife testified that she had separated from appellant and brought…