Hawkins v. Comlth.

Opinion of the Court by

Chief Justice Hobson—

Beversing.

William Hawkins was indicted for the murder of George Browder, and on a trial before a jury Was found guilty as charged, and his punishment fixed at death.

Browder and Hawkins and some other negroes were going along a road in Bell county. The rest of the party were a little ahead of Hawkins, Browder and John Farrow, and knew nothing of the circumstances of the homicide. Farrow testified that Browder was sitting on the side of the road obeying a call of nature, and Hawkins was standing in the road with a shot gun in his hands; that Browder…