Kerry v. State

OPINION

WOODLEY, Presiding Judge.

Tried upon an indictment alleging that she unlawfully, wilfully and with malice aforethought killed Scotty Kerry by shooting him with a gun, and the state having elected not to seek the death penalty, appellant filed application for probation and entered a plea of not guilty before a jury. Trial on the issue of guilt or innocence resulted in a verdict finding appellant guilty of murder without malice aforethought.

Hearing before the same jury on the issue of punishment followed, the court including in his charge the question of whether the jury would recommend…