Kestler v. State

The appellant was convicted of murder in the first degree and sentenced to the Indiana State Prison for and during his natural life. From that judgment he has appealed to this court, contending that the verdict of the jury is not sustained by sufficient evidence and that it is contrary to law.

The appellant’s wife was shot and killed on the 15th day of November, 1946. The claim is here made that the evidence, uncontradicted, shows that the death was accidental.

The evidence placed before the jury showed the appellant, accompanied by his brother, going home by taxi on the evening of the killing;…