Espey v. State

MERRILL, Justice.

Appellant, Curtis C. Espey, was convicted of murder in the second degree and sentenced to the penitentiary for twenty-five years. His pleas were not guilty and not guilty by reason of insanity. The latter plea was withdrawn at the close of the evidence. His motion for a new trial was overruled.

Appellant was forty-seven years of age and an uncle of the deceased, Wiley Howard Espey, who was thirty-three years of age. They were on friendly terms and had been riding together in appellant’s automobile in the afternoon and night of March 26, 1959.

The wife of the deceased and his…