Spivey v. State

DAVIDSON, Presiding Judge.

This conviction resulted in a life sentence in the penitentiary for murder in the first degree. The killing was unquestionably proved; in fact there was no issue on this phase of the case. Insanity was the defense. This issue was raised by a great mass of testimony from quite a number of witnesses, to the effect that appellant a few months before the homicide had conceived the idea that deceased was intimate with his wife. Deceased had been boarding in the family, and was a young man about 23 years of age. The wife was 47 years old. It may be stated, without summing…