Alston v. State

STAKELY, Justice.

Appellant was indicted, tried and convicted of murder in the first degree, committed while a convict sentenced to imprisonment for life. His punishment was fixed at death by electrocution. This appeal comes to this court under the automatic appeal act, approved June 24, 1943. General Acts 1943, p. 217 et seq., Code 1940, Tit. 15, § 382(1) et seq.

Testimony of the state tended to show the following. On the morning of August 6, 1945, defendant hid near the house of his wife’s father, where his wife was staying and after he had observed that his wife’s father, mother and older…