Burton v. State

ON MOTION FOR REHEARING.

LATTIMORE, Judge.

In his motion for rehearing appellant insists that the evidence is not sufficient to support the judgment and penalty assessed. His chief reason seems to rest upon his claim that he killed deceased because of alleged adulterous relationship with the wife of appellant. It is provided in Art. 1220 of our Penal Code that a homicide is justifiable when committed by the husband upon one taken in the act of adultery with his wife, provided the killing take place before the parties to the act have separated; and it is further provided that such circumstance…