Smith v. State

Paul Ward, Justice.

Appellant Larry Smith, a nineteen year old Negro, was charged with the killing of Carl Van Young, a white man, on February 29, 1964. Young, who worked as a night watchman near West Memphis, was found fatally wounded close to Highway 70 early in the morning, and his wrecked car was found near Forrest City.

At the trial on September 28, 1965 appellant was found guilty of murder in the first degree and sentenced to death by electrocution.

On appeal appellant seeks a reversal, relying on three separate grounds, which we now proceed to discuss.

One. In appellant’s motion for a new…