McCutcheon v. State

The appellant was indicted and tried by a jury which returned a verdict finding him guilty of murder in the first degree and fixing his punishment at death. The court pronounced a judgment delivering him to the warden of the state prison and directing that he there be put to death by electrocution. A motion for a new trial was overruled and the appellant appeals.

Counsel in the oral argument earnestly insisted that because of the youth of appellant, because the extreme penalty of the law has been imposed, and because appellant was represented in the trial court by the county attorney for the…