Smith v. State

This appellant and one Warney, alias Warren, Adkinson were jointly indicted by the grand jury of Barbour county for the offense of murder in the second degree. The indictment was returned at the fall term, 1931, of the circuit court and filed in open court on December 2, 1931. Before entering upon the trial, a severance was granted, and this appellant put upon trial on April 14, 1932. The indictment charged that Victor Smith, alias Vick Smith, and Warney, alias Warren, Adkinson, whose names are to the grand jury otherwise unknown, unlawfully and with malice aforethought killed Henry Underwood…