Mayberry v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Noble county of murder and was sentenced to life imprisonment.

At the time charged, defendant and his wife, Melissa Mayberry, negroes, had been married about two years. About a week prior to' the homicide they had a controversy and defendant had not been staying at the home. Late on the .Sunday afternoon of the tragedy, Nathaniel Johnson, a grown son of deceased by a former marriage, was at a hotel and became intoxicated. Defendant and his wife assisted him to their home and he fell into a drunken…