Davis v. THE STATE

Candler, Justice.

Calvin Eugene Davis was indicted in Schley County for murder. The indictment alleges that he unlawfully killed Nora Jones by shooting her in the head with a .22 caliber rifle. He was convicted without a recommendation and sentenced to be electrocuted. He excepted to a judgment denying a motion for new trial, which he timely made on the usual general grounds and later amended by adding other grounds. Held:

1. Special ground 2 of the motion alleges that a new trial should be granted the movant because the State failed to prove the killing in the manner alleged in the indictmenti…