Pugh v. State

LIVINGSTON, Justice.

Cleveland Patton and Frank Pugh were jointly indicted and jointly tried in the Circuit Court of Montgomery County, Alabama, for the offense of robbery. The jury returned a verdict of guilty against both defendants, and fixed Patton’s punishment at death, and Pugh’s punishment at life imprisonment in the penitentiary. Judgment was accordingly entered against both defendants, and both appealed. Patton died pending the appeal, and by order1 of this Court the appeal as to him was abated. We now proceed to determine the-questions presented by Pugh’s appeal.

The State’s principal…