Bailey v. State

The trial was had on indictment for murder in the first degree, and the death penalty was imposed by the verdict of the jury in due form.

The decision in Ex parte State ex rel. Davis, Atty. Gen. (Brown v. State), 206 Ala. 546, 90 South. 278, was melely an exposition of the effect of the specific provisions of the statute under consideration. Gen. Acts 1915, p. 80, § 29%. See Underhill on Crim. Ev. (2d Ed.) p. 823, § 510. The provisions of section 7089 of the Code of 1907, prescribing the punishment, were set up in count 2 of the indictment on which the trial was had, and are different from the…