Hoyle v. State

BEAUCHAMP, Judge.

The appeal is from a conviction for murder with a sentence of 25 years in the penitentiary.

It is the state’s theory that appellant waylaid his wife and shot her to death and the evidence on this subject is quite impressive. A deliberately planned and cruel murder was pictured. Defendant’s evidence in justification of his act was not received very favorably by the jury. Consequently, they found him guilty and assessed the penalty.

During the trial the state introduced a petition filed by the wife on June 4, 1948, in which she sought a divorce from the defendant and asked for…