Ray v. State

DAVIDSON, Judge.

Murder is the offense; the punishment, twenty-five years in the penitentiary.

Childless and despairing of hope that they would ever have children of their own, appellant and her husband decided to adopt a child into their home. With that in view, an application was made to a children’s home, as a result of which they obtained, at the end of October, 1951, a five-year-old boy, John Thomas Owens, the deceased. There is no evidence that the child was ever legally adopted by them.

The testimony shows that the boy was retarded both mentally and physically; that he did not have the…