Jackson v. State

Mobley, Justice.

The defendant was convicted of murder with a recommendation of mercy. His motion for new trial on the general and two special grounds was denied and he excepts.

Numerous eyewitnesses to the killing testified to the following facts: The defendant and the deceased got into an argument in a churchyard over the location of a gxave that the deceased had dug. Following the argument, the deceased picked up the tools with which he had been digging, walked a short distance to his car, and put the tools in it. The defendant also walked to his car, and, as he passed one of the witnesses,…