Clary v. State

WOODLEY, Judge.

This is appellant’s second appeal from a conviction for the murder of Odilla Clary, his wife.

Upon the former appeal from the district court of Runnels County, the conviction with punishment of 99 years in the penitentiary was reversed because of the overruling of appellant’s motion to change the venue. The opinion of this court, setting out briefly the facts, is reported in 153 Texas Crim. Rep. 521; 221 S. W. 2d 274.

The venue was thereafter changed to Mitchell County, and this appeal is from a judgment of conviction in that county upon a jury verdict assessing the punishment at…