Miller v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for ten years.

A former appeal is found reported in 71 South Western, Second Series, at page 516 (126 Texas Crim. Rep., 220).

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Everett Crowder by shooting him with a gun.

Deceased, his wife and children, and appellant lived in the same house. Eventually appellant and deceased quarreled. It was the State’s theory, given support in the testimony, that appellant had fallen in love with the wife of deceased.…