State v. White

By the WHOLE COURT.

OVERTON, J.

Defendant, having been convicted of murder and sentenced to death, has appealed.

The copy of the minutes of court, found in the record, of date October 22, 1923, shows that defendant’s case was called for trial on that day, that counsel for the state and for the defendant announced ready for trial, and that the trial was proceeded with by impaneling the jury, etc.; but the record fails to show that the accused was present at the trial on the day stated. The copy of the minutes of October 23, 1923, show's that the jury came into open court on that day, which was…