Davis v. State

DAVIDSON, Presiding Judge.

Appellant was convicted for the murder of 'his wife, his punishment being assessed at eighteen years confinement in the penitentiary.

The theory of the State was that appellant, under implied malice, killed his wife. Appellant’s theory was that the wife killed herself and there was evidence showing it accidentally occurred in a tussle between the husband and wife. On the day of the homicide a lot of negroes, including appellant and deceased, were on a serenading expedition. Upon reaching a certain residence, the State’s evidence is to the effect that appellant became…