Wilson v. State

DICE. Judge.

The conviction is for murder without malice; the punishment, five years’ confinement in the penitentiary.

The evidence shows that the deceased was the wife of appellant and died as the result of being hit on the head by a rock thrown by him, while appellant, the deceased and some young children were driving- a cow.

It was the state’s theory that appellant intentionally threw the rock at the deceased, which theory was supported by the testimony of two of the young children who were present at the time of the tragedy and testified for the state.

Appellant interposed the defense of…