Elliott v. State

McCORD, Judge.

The appellants were jointly indicted at a special term of the District Court of Houston County, charged with the murder of one B. C. Barbee, and they were at the same special term of said court put upon trial and convicted of murder in the second degree and the punishment of each assessed at twenty-five years in the penitentiary.

The evidence in brief is that on the morning of the 18th day of May, 1909, Melvin and M. F. Elliott left their home on horseback to go to the store of their brother Arch. That the deceased lived off of the road leading from the appellant’s home to the…