Roberts v. State

DAVIDSON, Judge.

The jury convicted appellant of murder with malice and assessed his punishment at death, from which conviction he appeals to this court.

In view of the disposition we make of this appeal, a statement of the facts of the tragedy is not deemed necessary.

The wife of the appellant and mother of the child (the deceased), as a witness for the appellant, gave material testimony in his behalf. Her testimony was to the effect that the kicking of the child by the appellant was done accidentally as the child crawled between them when appellant was attempting to kick her (the wife). The…