Foster v. State

At the December, 1942 term of the Circuit Court of Wayne County, the plaintiff in error, who will be referred to in this opinion as defendant, was convicted of murder in the first degree and his punishment fixed at 30 years in the penitentiary. A motion for a new trial was seasonably made and overruled. Judgment was entered on the verdict and from the judgment an appeal to this court was prayed, granted and perfected.

It appears from the record that at the term of the Circuit Court of Wayne County in March, 1941, the defendant was indicted for the murder of three people, J. Frank Wilson, his…