Banks v. State

LATTIMORE, Judge.

In this case appellant was convicted in the District Court of Polk County of the bffense of murder and his punishment fixed at death.

On his appeal but one question is presented and but one question was contained in the motion for new trial, namely, that the evidence does not show appellant guilty of that character of homicide which should be punished by the extreme penalty of death.

It appears from the record that on the night of the homicide, and while at his post of duty on a moving railroad train one Hawkins, a negro brakeman was shot and killed by some member of a party of…