Booker v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The offense charged is the murder of Andy Smith by blows inflicted with a hatchet. Smith was found in his store wounded by blows upon his head and died in a very short time after his discovery. That the wounds brought about his death was shown by medical testimony. It was shown by associates of the appellant that prior to the homicide he had stated that he intended to kill Smith in order to get money to purchase some wearing apparel.

The apellant’s confession taken after his arrest in compliance with the terms of the statute upon the subject,…