Toms v. State

GRAVES, Judge.

Appellant was convicted of the killing with malice of Thomas Gaines, and was given a penalty of 50 years in the state penitentiary.

The parties hereto were negroes. It seems that appellant had deserted his wife and family, and had been for some time living with one, Altha Mae Gaines (formerly Altha Mae Green), and they were in some kind of business together. The deceased was a soldier, and in December, 1945, he was home on a furlough. Some months previous thereto he had married Altha Mae; and *266on January 1, 1946, while Gaines and his wife were visiting his mother, he was shot by…