Francis v. State

PBEHDEBGAST, Pbesidiug Judge.

—Appellant was indicted for the murder of his brother-in-law, Sam Cunningham, alleged to have occurred June 19, 1913, before the new murder statute, doing away with the degrees, went into effect. He was tried under the old law and the court submitted both degrees of murder. The jury found him guilty of murder in the second degree and assessed his punishment at five years in the penitentiary,—the lowest prescribed by law.

Ho extended statement of the evidence is necessarjr. The evidence, in brief, established that appellant married deceased’s sister. Deceased’s home…