Jones v. State

THOMAS, Justice.

The appeal is from a judgment for murder in the first degree with imposition of the death penalty. The indictment charged: “The Grand Jury of said County charge that before the finding of this Indictment Robert Jones alias Robert Barnes unlawfully and with malice aforethought killed Mellie Jones alias Mellie Barnes by striking her or beating her with an axe handle, against the peace and dignity of the State of Alabama.”

The proof was without conflict that the appellant killed his wife Nellie Jones alias Nellie Barnes by striking her with an axe handle. The court read the…