Wilson v. State

DICE, Judge.

The conviction is for murder with malice; the punishment, ten years in the penitentiary.

This is the second appeal of this case, the first conviction having been reversed by this court in Wilson v. State, 161 Tex. Cr. Rep. 152, 275 S.W. 2d 798.

Appellant and his wife, the deceased, lived in the Mt. Calm community in Limestone County. The evidence shows that on the afternoon of February 22, 1954, on an occasion when the appellant, his wife, and some children were attempting to drive a cow through a gate to a pasture, the appellant threw a rock which struck his wife on the head and…