Helton v. State

delivered tbe opinion of the Court.

On an indictment charging them with an assault upon Randolph Kendricks with intent to commit first degree murder J. C. Helton was convicted of assault with intent to commit voluntary manslaughter and sentenced to two years and one day in the penitentiary. His brothers, Jim Crow and Newt, were convicted of .assault and battery with punishment fixed at six months confinement in the workhouse. Each of the three has appealed.

The jury recommended that the workhouse sentence imposed upon Jim Crow and Newt Helton be suspended. The Trial Court, because of that…