Mode v. Barnett

Carleton Harris, Chief Justice.

This litigation stems from the killing of D. L. Russell by Lee Mode, appellant herein. Suit was instituted by Clida Bussell Barnett, Administratrix in Succession of the estate of D. L. Bussell, and as Guardian and next friend of Jerry Bussell, Don Bussell, Ferrell Bussell and Darrell Bus-sell, minor sons of the deceased. Count I of the complaint alleged that Bussell and his wife, Mildred Sellars Bus-sell, lived happily together as man and wife for more than 15 years until the fall of 1957, at which time appellant, Lee Mode, commenced making clandestine visits to…