West v. State

The appellant, Theodore "West, whom we shall refer to as the defendant, was tried and convicted of murdering one Lem Smith, in Mohave county, Arizona, on the twenty-third day of July, 1921. The verdict imposed the death penalty. Prom an order overruling a motion for new trial and the judgment and sentence of the court, he appeals.

The salient facts disclosed by the record are as follows:

On the morning of July 24, 1921, on the left of the road going south and west from Oatman to Topoc, in Mohave county, the dead body of Lem Smith was found. He had been shot from behind. The bullet entering at…