McMillan v. State

Birdsong, Judge.

Appellant was indicted and convicted for voluntary manslaughter in the death of his wife.

The evidence is not in substantial dispute. Appellant and the deceased, Mercy Dean McMillan, had been married about six years. After two or three years of marriage, the couple began to bicker and fuss over matters which appellant contended were “small.” Mrs. McMillan left on several occasions. After a day or so, however, she would return, and appellant would “try to do better.” On New Year’s Eve morning, Mrs. McMillan, as she had done before, called her sister, Mrs. Brown, to come get her.…