Spain v. State

HARWOOD, Judge.

This appellant was indicted for murder in the second degree. The jury returned a verdict of guilty of manslaughter in the first degree and fixed appellant’s punishment at imprisonment in the penitentiary for one year.

The evidence introduced in the trial below tended to show that the deceased’s wife, Flossie May Lacey, had first married the deceased. She divorced the deceased .and married the appellant. She divorced the appellant and again married the deceased.

On the night of the shooting the appellant had gone to a road house in Madison County called the Green Lantern. The…