Oliver v. State

PRENDERGAST, Judge.

Appellant was convicted of murder in the first degree and the death penalty inflicted.

The contention and theory of the State was that the offense was murder in the first degree; that it was clearly upon express malice, and that the appellant was lying in wait,—in effect, that it was an assassination. Among others, it was the theory and contention of the appellant that the killing was justifiable in that the appellant, at the time, believed that the deceased and his wife, who were together, were then going to a place for the purpose of having sexual intercourse, and that the…