McElroy v. State

HAWKINS, Presiding Judge.

The offense is murder with malice. The punishment assessed is confinement in the state penitentiary for a term of fifteen years.

The facts, as reflected by the record, show that in the year 1944 the deceased, George Vargo, married Esther McElroy, a daughter of appellant. In June, 1947, she obtained a divorce from Vargo and in said suit she was awarded the care and custody of their only child, a boy named Robert, but the deceased *16given the privilege to have the child visit with him on Wednesdays from 7 to 8 p. m., and on Saturdays from 2 to 4 p. m. Mrs. Esther Vargo,…