Commonwealth Ex Rel. Johnson v. Dye

Opinion by

Abnold, J.,

Leon Johnson was indicted in the Cobb County Superior Court of the State of Georgia, for the murder, on December 6, 1942, of his paramour, Sarah Frances Thompson. The defendant and the deceased were both negroes, — which is mentioned only because of the allegations of Johnson in the instant case. Immediately after the killing Johnson fled to Alabama, but waived extradition, was taken back for trial, and the jury 1 found him guilty of murder with a recommendation of mercy 2 on January 25, 1943.

In June, 1943, in a prison-break by 175 3 prisoners, Johnson escaped, and…