Hamilton v. State

The appellant, Odes Neal Hamilton, was indicted, tried upon his plea of not guilty and convicted of premeditated murder of one Robert Birden. The jury recommended mercy and the court sentenced the defendant to a life term in the State Penitentiary.

The appellant has presented these points, which we have summarized, for reversal, that the court erred in (1) permitting a witness to identify defendant at trial where the identification was coerced and based upon showing of “mug shots” rather than a lineup at a time when defendant was in custody and had counsel; (2) commenting on the evidence; (3)…