Chappell v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

It is now made to appear that the statement of facts was filed in the trial court within the time required by law. The appeal will therefore be considered on its merits.

It was charged in the indictment, in substance, that the appellant, with malice aforethought, killed Will Bolin by shooting him with a gun.

Appellant had married the deceased’s sister, but a divorce had been obtained. Pending the divorce proceedings, appellant and deceased engaged in a controversy relative to the custody of the appellant’s small son, the deceased taking the…