Carrol v. State

Smith, O. J.,

delivered the opinion of the court.

This is an appeal from a death sentence under a conviction for murder. The appellant’s complaints are: (1) that a woman whom the evidence discloses to be his common law wife was permitted, over his objection, to testify in behalf of the state, and (2) one of the instructions granted the state is erroneous.

Appellant did not testify and the evidence discloses without conflict therein, including a confession of the appellant, that the appellant and four others waylaid the deceased and robbed him of a considerable sum of money during the course of…