Atkinson v. State

The appellant, Frank Atkinson, was indicted, tried, and convicted in the circuit court of Lauderdale county, of the murder of R. II. Bryant and sentenced to be hanged, from which judgment this appeal is here prosecuted.

*467The appellant Atkinson and Clyde Greer were jointly indicted. A severance was had. Greer was tried first, convicted and sentenced to he hanged, and that judgment was affirmed by this court several weeks ago.

It is unnecessary to recite the material facts relating to the killing; suffice it to say that the testimony of the state made out a case of murder.

Upon motion the jury box…