Polk v. State

MR. Special Justice Davis

delivered the opinion of the Court.

Plaintiffs in error stand convicted of the murder of Newfrey Graham; their sentence being fixed at death by electrocution. They were tried jointly.

Deceased was killed on the early morning of December 25, 1934. On that date, the sheriff had a warrant for the arrest of Polk, on the charge of stealing a pistol belonging to one Thomas. The sheriff found Polk, took a Mauser pistol from his person, and then took him to jail. Later, the body of the deceased was found. It was discovered that the Mauser pistol taken off the person of ' Polk…