Cain v. State

*285WOODLEY, Judge.

Appellant was convicted of the offense of murder with malice, and his punishment was assessed at eighteen years in the penitentiary, for the killing of Daniel J. McMillen.

The facts from the standpoint of the state and quoted from the state’s brief are^these:

“The appellant was the third husband of Roberta Heath. She had previously been twice married to Dan McMillen, her first husband, the deceased, once married to W. 0. Thompson, and twice married to the appellant, Milton Cain, as his second wife. Roberta Heath was the mother of two small children by Dan McMillen. Appellant and…