Smith v. State

STAKELY, Justice.

Charley Smith was indicted, tried and convicted of murder in the first degree. He received the death penalty. The case comes to this court under the Automatic Appeal Act. Code 1940, Tit. 15, § 382(1) et seq.

On Sunday, July 11, 1948, at about two o’clock in the morning Alice Hyman, who lived at 1754 Limerick Street, a little traveled street in the City of Mobile, was •awakened 'by her young daughter with whom she was sleeping. She got up and saw a cab standing in the street with the lights off in front of the house. No one was near the cab, but she heard a groan, and with the…