State v. Leaks

The opinion of the court was delivered by

Brogan, Chief Justice.

The plaintiff in error was convicted of murder in the first degree and on August 22d, 1939, was sentenced to death.

Nine assignments of error and specifications of causes for reversal are argued. That which we consider a substantial question is raised in the main by assignments numbered 2, 3 and 8. These therefore will be considered as well as any other matter on this appeal cognate thereto.

Trader these assignments there is presented the fact that illicit evidence was admitted at the trial, to wit, testimony that Leaks, the…