Brooks v. State

Christian, Judge.

The offense is murder; the punishment, death.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Alex Brown by shooting him with a shotgun.

Deceased was the sheriff of Marion County. Appellant, who is a negro, had been incarcerated in the jail. After he and a companion had escaped from the jail deceased had made an effort to recapture them. The homicide occurred on the night of the 9th of March, 1937, as deceased was preparing to go to bed in his quarters in jail. The wife of the deceased testified that deceased was standing with…