Franklin v. State

On January 4, 1940, an indictment was filed by the Grand Jury of Jefferson Davis County charging Jerome Franklin, Hilton, alias “Sacks” Fortenberry, and Fred Polk, alias “Dock” Polk, with murder in the killing of J. 0. Sanford.

Franklin and Fortenberry were placed on trial without a severance as to Fred Polk who had not been arrested at the time of the trial.

On January 9,1940, the court overruled appellants’ motion for a change of venue, and on the day sustained appellants’ motion for a special venire, and directed that eighty-five persons be summoned to serve. On January 12, appellants…