Leath v. State

BELCHER, Commissioner.

The conviction is for murder; the punishment, death.

The testimony of the state shows that •as two police officers approached the closed •door 'of appellant’s apartment about 8 p. m., March 24, 1959, he opened the door, motioned for them to enter, said “I just shot somebody”, and pointed to a pistol on the bed which they found to contain two live cartridges; four empty cartridges were found in the room. Upon entering the apartment they saw the deceased, Charles Edward Henry, age 15, lying on the floor at the foot of the bed. He had been shot four times — -in the back of…