Gray v. State

Joe, Ray, and Herschell Gray, brothers, were jointly indicted for an assault and battery with intent to kill and murder Edgar Lee Thomas. A severance was granted to Joe, and on his trial, he was found guilty as charged. The court sentenced him to serve a term of eighteen months in the state penitentiary. From the judgment entered thereon, he appealed.

The trouble occurred on Sunday, February 22, 1953, at the Yelverton Cafe, in the Town of Bay Springs. Court convened the following Monday, the indictment was returned on Tuesday, and the trial was had thereafter on March 3rd.

There had been no…