Muckleroy v. State

DICE, JUDGE.

The conviction is for murder with malice; the punishment, 10 years’ confinement in the penitentiary.

The evidence is undisputed that the appellant killed the deceased by shooting him with a gun. The deceased was the appellant’s father, at whose home the homicide occurred.

According to the state’s testimony, the appellant and his wife went to the deceased’s home on the day in question to return their child who had been staying with the deceased and his wife. After stopping- their automobile in front of the house the appellant and his wife got into a fight and the deceased, who was in…