Simmons v. State

LATTIMORE, Judge. —

Conviction of murder, punishment fixed at death.

Frank Usry was shot and killed on the night of August 20, 1924. The state relied chiefly on the confession made by appellant, to establish that appellant and one Briscoe killed Usry in the perpetration of the crime of robbery. Wé discuss the various questions raised by appellant in the order in which the bills of exception appear in the transcript.

Those matters appearing in bills Nos. 1, 2 and 3 all relate to and are based on the legality of the filling of the jury wheel in Bexar County after this court’s decision in Atwood v.…