Haley v. State (87 Tex. Crim. 519, 1920)

LATTIMORE, Judge.

In this case appellant was convicted of the murder of Mulkey Williams, and given a life term. This is the second appeal, the opinion on the former hearing being found in 84 Texas Crim. Rep., 629, 209 S. W. Rep., 675.

Mrs. Williams, the wife of deceased had been a sweetheart of appellant before her marriage, and before he married. Some years after the marriage of Mrs. Williams, and of appellant, they met on a train, and it appears that from and after said meeting, appellant began making professions of great love for her; and neglected no opportunity of seeing her and pressing his attentions upon her. Many times he stated his desire for her, and his intention to have her for his own, proposing that they quit their respective spouses; that he would pay the expense of divorces; that he also frequently told her that if she did not quit her husband, he would get rid of him in some way or other. This relationship between appellant and Mrs. Williams, seems to have continued for several years, and up until the time of this homicide. She testified that she declined to quit her husband, and remonstrated with appellant about his increasing attentions to her; and that the last time she saw him before the death of her 'husband, he again repeated his threat to get rid of the deceased.

The homicide occurred in April, 1918, and it appears from the record that in June, 1917, the wife of appellant died under circumstances more fully hereinafter stated. Appellant increasingly paid attentions to Mrs. Williams after the death of his wife, as she expressed it, imploring her to quit her husbr-