Warren v. State

CARR, Judge.

The accused was indicted for and convicted of murder in the second degree. Without dispute in the evidence he killed Troy Dill by shooting him with a gun.

It is cogently urged that the evidence is not sufficiently potent to warrant a conviction of murder in the second degree.

It appears that the deceased had been a frequent visitor in the home of the -appellant. An amorous relationship had existed between the decedent and defendant’s wife for some time. The accused was aware of this affair.

On the night in question Mrs. Warren left her home about 6 p. m. and returned with the…