Azbill v. State

*347OPINION

By the Court,

Collins, J.:

This is an appeal from denial by the trial court of habeas corpus brought to test the legal sufficiency of an indictment charging murder. The lower court found the evidence sufficient and upheld the indictment. We reverse the order and remand the cause for further action.

Ed and Rose Mapel were married for over 44 years. They experienced marital difficulties and a divorce action was pending when he died in June 1967. Ele left a considerable estate, most of which succeeded to Rose. They had no children.

Rose Mapel married appellant, Sylvester Azbill, shortly after…