Berry v. State

Holmes, C.

The appellant was charged by indictment in the Circuit Court of the Second Judicial District of Tallahatchie County with the murder of Robert Diver, and, on a change of venue to the First Judicial District of Panola County, was tried, convicted, and sentenced to life imprisonment in the state penitentiary.

The events leading up to the actual killing are undisputed.

The homicide occurred on the morning of September 15, 1949, on the plantation of Homer Luckett, about a mile north of Tutwiler in Tallahatchie County. Mr. Luckett had contracted with appellant and his partner, W. Gr.…