Busby v. State

At the last term of this court this case was affirmed and a memorandum opinion filed. During the term a suggestion of error was filed and continued to this term of the court.

Upon a re-examination of this ease on the suggestion of error we have decided to withdraw the former memorandum opinion and set aside the judgment heretofore rendered therein. We file this opinion in lieu thereof.

Upon an indictment charging W. A. Busby, the appellant, with murder in the killing of Hubert Wood, he was tried by a jury, convicted, and sentenced to be hanged, and from a judgment entered accordingly he appeals…