MILLER v. STATE

No. 37522.

387 S.W.2d 401 (1965)

Martha MILLER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 17, 1965.


Attorney(s) appearing for the Case

John Peace, J. B. Langham, Carlos Cadena, San Antonio, for appellant on appeal only.

James E. Barlow, Dist. Atty., M. C. Gonzales and Richard M. Casillas, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant was tried upon an indictment for murder with malice and convicted by the jury of murder without malice, and her punishment was assessed at confinement in the penitentiary for five years.

The state's evidence shows that appellant and her husband, the deceased, lived in an upstairs apartment of the Wheatley Courts at 207 Ira Aldridge Street in the city of San Antonio. On the night in question, while some boys were in front of the...

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