Elder v. State

Nichols, Justice.

Ben Elder was convicted of the murder of Anne Cain. A life sentence was imposed in accordance with the jury’s recommendation of mercy. The appeal is from such verdict and sentence. The evidence disclosed without dispute that Anne Cain died as a result of a bullet wound in her left temple, that the defendant and the deceased (just prior to the shooting) were together in the kitchen of Anne Cain’s home and were engaged in a telephone conversation with a third person, that the defendant was the father of Anne Cain’s illegitimate son, that the deceased’s grandmother was watching…