Kress v. State

Vina Kress, referred to herein as defendant, has appealed to this court from a sentence of ten years in the State penitentiary pursuant to a verdict of guilty of murder in the second degree.

About nine-thirty on the night of July 10, 1939, defendant shot T. W. Snrgenor with a pistol, two or more balls taking effect in his body and producing wounds from which he died about one o’clock on the afternoon of July 18, 1939.

According to the testimony of defendant, she was jnsti- - fied in taking the life of deceased; while, according to the dying declaration of deceased, as testified to by his wife,…