Callaway v. State

DREW, Justice.

The appellant, James Callaway, has been tried, convicted and sentenced to death in the Circuit Court for Taylor County consequent upon a jury verdict finding him guilty of murder in the first degree without recommendation of mercy.

The homicide out of which the charge arose occurred on the evening of November 18, 1956, at a filling station operated by the deceased, Auley Cockcroft, in Salem, Florida. Decedent was shot by an assailant while alone in the station and died as a result several days later at a hospital in Georgia, medical testimony being that the path of the bullet was…