State v. Alberts

HIGGINS, Justice.

On December 3, 1942, the accused was indicted for the crime of murder of Amuster Dixon on November 15, 1942. He was arraigned, pleaded not guilty, and was convicted as charged on October 9, 1943. A motion for a new trial was filed on January 10, 1944. The motion was overruled and defendant was sentenced to death by electrocution.

The defendant appealed and relies upon three bills of exception for the annulment of the verdict and sentence. The trial judge signed the bills of exception but died before he could write his per curiams and we are, therefore, without his assistance…