Fluker v. State

Eeid, Chief Justice.

1. The defendant was convicted of murder. By reason of his prosecution of a writ of error to this court the date set for his death by electrocution passed; and after the remittitur of this court affirming the judgment of the trial court was sent down, a new date was fixed for the carrying out of the sentence of the court originally imposed upon him. The defendant made a motion to vacate this sentence on various grounds, and brings the present writ of error complaining of the overruling of the same. The order and sentence fixing a new date, referred to above, was signed:…