Swinney v. State

Defendants were convicted of murder in the second degree, with punishment fixed at imprisonment for twenty-five years, under indictments charging murder in. the first degree, for the killing of one Tom Hill. They were separately indicted, but tried jointly by agreement entered into in open court, and with the understanding that evidence offered as applicable only to one defendant was not to be considered as affecting the other, and the jury was so explicitly instructed. The indictments were in Code form (section 4527, Code 1923) and sufficient. Billingslea v. State, 68 Ala. 486. The demurrers…