Frank v. State

Peter Frank and Charles E. Emmons were indicted and tried for murder in the first degree. Motion for severance was denied, they were tried jointly, Lemmons being acquitted and Frank convicted, as charged in the indictment, with recommendation for mercy. From a judgment and sentence to life imprisonment in the state penitentiary he seeks to be relieved by writ of error. Twelve errors are assigned and argued at length.

The first, third, fourth, and fifth assignments of error challenge the sufficiency of the evidence to sustain the verdict and judgment.

The evidence was entirely circumstantial and…