Franks v. State

CHRISTIAN, Judge.

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

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Nellie Franks in some way and by some means, instruments, and weapons to the grand jurors unknown.

Deceased was the wife of appellant. Her body was discovered in her home on the 13th of April, 1935, she having been last seen alive two or three days prior to said date. Horace Walker, a witness for the state, who lived in the home of deceased and appellant, testified that early in the morning of…