GRAVES, Presiding Judge.
The conviction is for the murder with malice of Elsie Yearwood by shooting her with a gun; the penalty assessed is death.
The killing occurred on June 12, 1953, and the case was called for trial on October 5, 1953, at which time both parties announced ready for trial and the issues were joined.
The facts show that appellant and his wife, Emma Meyer, had been married for 43 years; that they had separated March 10, 1953, and...
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