Barger v. State

The appellant, Leslie Barger, was indicted for the murder of Henry Koch. A jury found him guilty of murder in the second degree, and the court sentenced him to sixteen years. He appeals from the judgment entered on the verdict.

Henry Koch’s wife, Sandra, started consorting with the appellant in May of 1961. Shortly after they began keeping company they concluded that they were in love. Thereafter they saw each other three or four times a week and generally had sexual relations.

Koch did not learn of his wife’s affair with the appellant until March 10, 1963. On March 11th Koch went to Barger’s…