Kennedy v. State

Appellant was convicted of murder in the first degree of his wife and sentenced to imprisonment for life.

The evidence shows without conflict that the victim was killed almost instantly in the home of the married couple by shots from a pistol. There was strong evidence, direct and circumstantial, that the pistol was fired at the victim by the defendant intentionally, deliberately, maliciously and with premeditation. On the other hand, there was some evidence, consisting of testimony of defendant and corroborated by some of the circumstances, that tended to show that the pistol was discharged…