Burns v. State

PRENDERGAST, Judge.

The appellant was indicted by the grand jury of Grimes County for the murder of Monroe Peteete and was tried at least once in that county. The venue was afterwards properly changed to Walker County where this trial occurred in which he was convicted of murder in the second degree and given the lowest penalty, five years in the penitentiary. He alone was tried in this case. In a former trial in Grimes County he and his brother, Walter Burns, who were jointly indicted, were tried together. The result of that trial was appealed by both of the appellants then tried, and…