Monts v. State

Mb. Chiee Justice Burnett

delivered the opinion of the Court.

Plaintiffs in error, Henry Monts and Johnnie "West, along with one Joel Olds were indicted and convicted of murder in the perpetration of a burglary (sec. 39-2402, T.C.A.). Olds was sentenced to 99 years in the State penitentiary. Punishment for Monts and West was fixed by the jury at death by electrocution. Olds did not appeal.

Shortly before 1:00 o ’clock on the morning of October 7, 1960, Patrolman Frank Bruno, Jr., was shot and killed while investigating a reported noise at the Ace Sundry Store in Memphis. There were no…