State v. Messino

Defendant, Tony Mangercino, Carl Nasello and four others were jointly charged by information, filed July 3, 1928, in the Circuit Court of Jackson County, with the crime of murder in the first degree for the killing, on June 14, 1928, of James H. Smith. Defendant having asked for a severance was tried separately, the jury finding him guilty of murder in the first degree as charged and assessing his punishment at death. From sentence and judgment in accordance with the verdict he appeals.

The evidence, briefly outlined, tends to show the following facts. On June 14, 1928, about 9:30 A.M., the…