Dupes v. State

delivered the' opinion of the Court.

Plaintiff in error, Edgar Dupes, was jointly indicted with Gene Kirkland and Clifford Bright for the murder of J. R. Giles. A severance was granted as to Bright. Dupes and Kirkland were tried together, both found guilty of murder in the first degree, and each sentenced to serve a term of 50 years in the state penitentiary.

We have only the case of Dupes before us. Kirkland withdrew his motion for a new trial, did not appeal, but acquiesced in the judgment. Dupes’ motion for a new trial was overruled, he appealed in error and has assigned a number of errors…