145 Ga. 9 | Ga. | 1916
The defendant was convicted of the murder of his wife. The evidence tended to show a course of ill treatment by the defendant of his wife, which finally culminated in a separation. The wife, accompanied by her brothers, went to the county seat and there procured a warrant against her husband, charging him with assault with intent to murder her; she also instituted proceedings of habeas corpus to recover possession of the child of the marriage, who was between one and two years of age. These papers were lodged with the sheriff, who served them on the defendant. The sheriff, with the defendant and the child in his custody, came by the house of the uncle of the wife, where she had stopped on her return after suing out the warrant, for the purpose of delivering the child to the wife. The child was averse to being taken from its father by an uncle, and the father volunteered to take it to his wife. He was permitted to do this by the sheriff. The defendant entered the house, and into a room where there were two beds, one on each side of the door. On one of the beds was a hat and a coat, which partly concealed a pistol belonging to a member of the wife’s family. The defendant engaged his wife in conversation, and asked her if she was coming back to him. Upon her refusal to accede to his request, he seized the pistol lying on the bed and shot his wife, inflicting a mortal wound. He came out of the room with the pistol in his hand, and said that he had killed his wife, as he intended, and was willing to suffer for it.
Judgment affirmed.