State v. Howell

(dissenting) : The appellant, O. E. S. Howell, and his wife, Carrie S. Howell, were tried together at the July, 1930, term of Court of General Sessions for Sumter County, on an indictment charging them with the murder of one E. Hart Williams. The wife was acquitted; but Howell was found guilty of murder and sentenced to death by electrocution. He now appeals to this Court.

When the case was' called, appellant moved the Court that he be granted a separate trial, on the ground that his wife’s defense was hostile to his. Also, at the close of all the testimony, a motion for a mistrial as to the…