Powell v. State

The indictment charged that the defendant, Tom Powell, did “kill and murder one J. O. Folsom, in the peace of the State, by then and there striking and beating the said J. O. Folsom with a certain stick of wood known as a shingle back, then and there held by him, the said.Tom Powell, and then and there giving to him, the said J. O. Folsom, a Aortal wound, of which the said J. O. Folsom died.” Throughout the testimony the witnesses, both for the State and the accused, spoke of the deceased as Owen Folsom, and the initials “J. 0.” do not appear in the brief of the testimony. The defendant in…