Gilbert v. State

DICE, Judge.

The offense is murder; the punishment, 30 years.

The state’s evidence shows that the appellant shot and killed the deceased with a .22 calibre rifle. The killing occurred at the *336home of the appellant on an occasion when the deceased was visiting the appellant and his divorced wife, Virgina Gilbert, who at the time was living with appellant. Virginia Gilbert had on occasions also lived with the deceased after being divorced from appellant but had returned to live with the appellant some three weeks before the killing. It was further shown that after the killing and before the date…