Miller v. State

This is an appeal from a conviction of the appellant by jury for the crime of Murder in the Second Degree. The appellant was legally separated from his wife and had been given custody of their children. On November 29, 1965, the children had been visiting with their mother, and their father came to take them home.

The appellant had been aware, for some time, that the victim and his wife had been having an illicit affair. He took his children home and left them with his mother. Then, he left again to go out to dinner. It was then approximately ten o’clock on the evening of the shooting. After…