Follis v. State

DAVIDSON, Presiding Judge.

This is a conviction of murder in the first degree, with the' life sentence assessed as the punishment. The indictment contains two counts; first, that the homicide occurred by striking deceased with an ax; second, by striking with an ax and stabbing and cutting him with a knife. When the case was called for trial a motion for severance was made on the ground that appellant desired Dock Brunson, who had been indicted as an accomplice, should be first placed upon trial. When this application was filed the district attorney by permission of the court dismissed the case…