Kitchens v. State

LIVINGSTON, Justice.

Appellant was indicted by the grand jury of Etowah County for murder in the first degree. Pie was tried and convicted of murder in the second degree, and his punishment fixed at twenty-five years in the State penitentiary. The victim was his wife.

Evidence adduced by the State tended to establish the following facts: appellant and Mrs. Kitchens were married September 22, 1934, and were the parents of three children, the youngest being four years of age. Appellant operated a small garage near his home, in which he employed a helper. Around two thirty in the afternoon of the…