Cade v. State

The grand jury of Geneva County indicted appellant for the capital murder of L.D. Sizemore who at the time of his death was the Sheriff of that county.

The indictment was brought under the provisions of Section 13-11-2 (a)(5), which reads as follows:

"(5) The murder of any police officer, sheriff, deputy, state trooper or peace officer of any kind, or prison or jail guard while such prison or jail guard is on duty or because of some official or job related act or performance of such officer or guard."

Omitting the formal parts the indictment alleges:

"Count 1

"The Grand Jury of said County charge…