Mallory v. State

CHRISTIAN, Judge. —

The offense is murder; the punishment, confinement in the penitentiary for ten years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Lynn Mallory by shooting him with a pistol.

Deceased was the husband of appellant. According to the testimony, she resented the fact that deceased had been paying attention to other women. The State’s testimony was to the effect that on the occasion of the homicide appellant pursued deceased with a pistol, firing two shots at him, the first of which failed to take effect. When deceased fell to…