Carson v. State

HABPEB, Judge.

Appellant was convicted of murder, and his punishment assessed at ninety-nine years confinement in the State penitentiary.

Appellant and Henrietta Sutton were indicted separately, charged with causing the death of Era .Sutton (a daughter of Henrietta) by administering poison. Appellant filed a plea asking that his co-defendant be first tried, as he- believed the State had not sufficient evidence to secure her conviction, and that her testimony would be material to his defense.

The State filed a contest of this plea, alleging that Henrietta Sutton would testify in behalf of the…