Waybourn v. State

CHRISTIAN, Judge.

— The offense is murder; the punishment confinement in the penitentiary for 45 years.

Appellant was convicted under the fourth count of an indictment charging the murder of her husband, W. W. Waybourn. It was charged in said count of the indictment that—

“Joe Morales on or about the 10th day of March, A. D. 1928, * * * did then and there unlawfully and voluntarily and with malice aforethought kill W. W. Waybourn by striking and beating and cutting him with a piece of steel; and * * * that Rosa Waybourn * * * prior to the commission of said offense by the said Joe Morales as…