Simmons v. State

Atkinson, Justice.

John Henry Simmons and Thomas Nelson were jointly indicted and tried for the murder of N. K. Perry. The evidence tended to show that about 10 o’clock on the night of September 20, 1934-, Perry and a woman were seated in an automobile, when the defendants attacked them for the purpose of robbery, and shot Perry at close range with a shotgun loaded with birdshot, inflicting a wound from which he died at 11 o’clock the next day. A post-mortem examination disclosed a number of the shot in the heart. The assailants escaped, and shortly afterwards Simmons was first arrested, and…