Roberts v. State

MORROW, Presiding Judge.

— The offense is murder; penalty assessed at confinement in the penitentiary for a period of twenty-two years.

On the morning of May 14, 1929, the wife of the appellant was killed. She, the appellant, and a small child were in the woods at a point some distance from their dwelling. From the State’s testimony, as developed from neighbors who were attracted to the scene by the report of the gun and the outcry of the appellant, the following in substance appears:

Lloyd Fitzgerald, one of the witnesses introduced by the State, on direct examination gave testimony to the…