State v. Beale

Woods, Judge:

Clyde Beale was tried in the circuit court of Mingo county for the murder of Bissie Perdue, and upon a verdict of murder in the first degree without recommendation, was sentenced to be hanged. From this judgment he brings error.

Beale, at the time a resident of Nicholas county, was visiting his half-brother, Levi Layne, at the latter’s home at Vulcan, Mingo county, on the date of the homicide. Layne was conducting a store a short distance from his dwelling. Jesse Perdue lived a mile or more from the Layne store. On Sunday afternoon, Jesse Perdue and his wife, B-issie, the latter…