State Ex Rel. Chafin v. Bailey

Lively, President:

The State, at the relation of Lafe Chafin, Prosecuting Attorney, seeks to compel Honorable R. D. Bailey, Judge of the circuit court of Mingo county, by the peremptory writ of mandamus to pronounce sentence of death upon Clyde Beale found guilty of murder in the first degree without recommendation by a jury of that county.

The material facts set out in the petition' for basis of the writ are substantially as follows: Beale was legally indicted, tried and convicted of murder in the circuit court of Mingo county, the verdict being, “We, the jury, agree and find the defendant…