State v. Caldwell

The defendant, Willie Caldwell, and one Ernest Bryant were indicted for murder in the first degree of one Fred Raymont, while in the perpetration of a robbery on or about November 29, 1937. Each was tried separately. In Caldwell's case, the jury disagreed on the first trial, and a second trial resulted in a verdict of guilty of murder in the first degree, without a recommendation of mercy. A motion for new trial was overruled and appeal was prosecuted to the Court of Appeals, where the judgment of the trial court was reversed for error in a statement of the court to the jury. This court…