Prather v. State

This is an appeal from a conviction for murder with the sentence of death in the district court of Pittsburg- county.

The charge of murder of Warden Jess Dunn filed against the defendant, Hiram Prather, is an outgrowth of an attempt on the part of four long-term convicts to escape from the State Penitentiary, which attempt resulted in the death of Warden Jess Dunn, Deputy Sheriff Tab Ford and three of the four convicts. The defendant, Hiram Prather, was the only convict who survived.

The facts established by the proof of the state show that about 10 a.m. on Sunday morning, August 10, 1941,…