Neal v. State

STAKELY, Justice.

T. C. Neal, the appellant, was indicted for the offense of murder in the first degree. Trial was had upon a plea of not guilty. The jury returned a verdict of guilty of murder in the first degree and fixed the punishment at death. The appeal comes here from the judgment of the court under the automatic appeals act.

The killing took place in a Negro cafe in the presence of a number of witnesses. The evidence is in conflict as to whether the appellant fired the gun intentionally or whether the gun struck the door facing of the cafe and went off accidentally. A number of people…