Musselwhite v. State

Ethridge, C.

Appellant, Luther Musselwhite, was convicted in the Circuit Court of Marion County of the murder of Virgil Price on August 13, 1950, and was sentenced to death.

Appellant first argues that he was entitled to a peremptory instruction in the trial court, and to a new trial after the verdict had been rendered. We have examined carefully the entire record, and are of the opinion that there is no merit in these contentions. Without going into the detailed facts, the State’s witnesses testified, and the jury was warranted in concluding that appellant committed a brutal assault and…