Clayton v. State

PRENDERGAST, Judge.

Appellant was indicted for the murder of Bob Gibson on May 13, 1909, tried in June, 1911, convicted of murder in the second degree and his penalty fixed at ten yéars in the penitentiary. ■

A brief statement of the case only is necessary. Some sixteen or seventeen years before the homicide appellant was married to a woman whose name was Mrs. M. A. Dement,, she having shortly before the trial remarried. While living with her, there was born to them five children, the older two living at the time of the homicide—one, a son, then about fifteen years old, and the other a#…