Berry v. State

RUSSELL, Judge.

OPINION

Fred Allen Berry, indigent and represented by appointed counsel, appeals his conviction for voluntary manslaughter and two (2) to ten (10) year penitentiary sentence. The legal sufficiency of the factual evidence presented by the State, both as it established the identity of the victim and *373also the cause of death, and as it established guilt, constitutes the main question in this case.

The alleged victim of this homicide was the estranged wife of Berry, from whom he had been separated for three years. Mrs. Berry and their three children had been living with her mother, a…