State v. Henke

BLAIR, J. —

Appellant was charged with murder in the first degree for the alleged killing of his'wife. The jury found him guilty of murder in the second degree and assessed his punishment a.t imprisonment in the penitentiary for twenty years. He was sentenced upon such verdict and has appealed to this court.

As the evidence was wholly circumstantial and the chief contentions of appellant are that, the evidence did not make a case for the jury and that the trial court should have instructed the jury to find -appellant not guilty, the facts developed by the evidence: should be fully stated in…