State v. Morris

RiNer, Justice.

Upon an information filed in the District Court of Sweetwater County by the proper officer on November 9th, 1928, Henry B. Morris, appellant herein, was tried and convicted of murder in the first degree. The jury failed to add to the verdict the words “without capital punishment” and accordingly judgment was entered sentencing Morris to suffer the penalty of death. The record is before us by direct appeal for review.

The trial was had more than four years after the commission of the alleged crime and the evidence is wholly circumstantial. The facts in the ease, as developed on…