Burns v. State

STAKELY, Justice.

Appellant was tried and convicted of murder in the first degree. He received the death sentence. It is claimed by the State that Jake Prescott was murdered on the night of January 16, 1943. Three or four weeks later his body was found floating in Short Creek in Jefferson Coun ty. He had wounds on his head and his throat had been cut. His abdomen was slit open and in the opening was a hatchet and sledge hammer, held in place by cloth tied around the abdomen.

On this appeal, a reversal is sought on grounds which may be classified as (I) an attack on the procedure whereby the…