Smith v. State

Smith, C. J.,

delivered a dissenting opinion.

The judgment of the court below should be affirmed. This I think can best be made to appear by stating the case more fully than has been done in the opinion in chief. Smith and Johnson lived about two miles apart, and some days before the homicide Smith’s wife, Mary, left his home, went to that of Johnson, and it was there that the homicide occurred. According to the state’s evidence Mary left Smith’s home in company with Mildred Walters, went with her to the home of Johnson, where Mildred rented a room, which she and Mary thereafter occupied.…