State v. Foyte

The defendant, Lee Foyte, together with one Albert Timmel, were jointly charged with having killed and murdered James Montgomery. Defendant’s motion for a separate trial having been granted, he was thereafter duly convicted of murder in the first degree, the jury fixing the penalty at death. From the judgment and order denying a motion for a new trial this appeal has been taken.

Aside from certain statements and admissions of defendant, the proof of the killing was purely circumstantial. Defendant’s story as related to the officers, and introduced by the state, was to the effect that Albert…