Stanley v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice; the jury assessed the punishment at death.

The indictment alleged that on September 16, 1969, the appellant did voluntarily and with malice aforethought kill Linda Magers Stanley by striking her with his fists and kicking her with his feet. The record reflects that the deceased was the wife of the appellant.

The sufficiency of the evidence is challenged.

David Leon Stanley was the appellant’s 13-year-old nephew, the son of the appellant’s brother. He testified that on September 16, 1969, at his home on Route 4,…