State v. Best

Kimball, Chief Justice.

This is an appeal from a judgment imposing the death sentence on a conviction of murder in the first degree.

Appellant and another were jointly charged with the crime. Both defendants at first pleaded not guilty. Separate trials were ordered. When, on appellant’s trial, the jury had been sworn, it was moved by his counsel that he “be permitted to withdraw his plea of not guilty, enter a plea of guilty, and that he be permitted to submit evidence in mitigation of punishment.” The trial judge directed the appellant to stand and said to him: “On the 31st day of August,…