Powell v. State

On Rehearing.

BROWN, Justice.

Under the agreed facts the petitioner, while under indictment in the Circuit Court of Houston County for assault with intent to murder one Oke Hutto, interposed a plea of guilty on October 11, 1948, for assault and battery and paid a fine of one hundred dollars and court costs incident to that case. At the time of the interposition of the plea of guilty, Hutto was alive, had left the hospital and returned to his home. Hutto died on October 28, 1948, from the gun shot wound inflicted on him by petitioner in the same encounter on which the first indictment was…