McNeal

Appellant was convicted by a jury of first degree murder which fixed his punishment at life imprisonment. Appellant had formerly lived with Mrs. Vance as her paramour. On July 4, 1956, at about 12:30 a.m. appellant brought a record player to Mrs. Vance’s home. Present in Mrs. Vance’s home at the time was the decedent Peterson who had also been a recipient of Mrs. Vance’s sexual favors. Appellant after setting down the record player left immediately and backed out of the driveway so rapidly that his car was “reeling and rolling.”

Approximately 20 minutes later appellant telephoned to Mrs. Vance and told her that she might as well have a good time because this would be her last. Later Mrs. Vance and Peterson left the house. Mrs. Vance entered Peterson’s automobile from the passenger side at which time the dome light of the car was illuminated. After she entered the car Mrs. Vance heard a sound like a rock hitting the ear. She got out and found Peterson lying on the ground beside the ear. Peterson died at 8 :19 a.m. from a bullet wound.

Sometime between 1 and 2:30 a.m. that morning appellant entered the Edris Café. He asked the cook to call the police saying that he had just shot…