Carr v. State

On an indictment charging him with the murder of Seth Kelly, the appellant was tried and convicted. The jury was unable to agree on the punishment, and the court imposed a sentence of life imprisonment in the state penitentiary.

The homicide occurred at a negro Baptist church in Jasper county. Three negroes, John Willie Carr, Carzell Carr, and Henry Moffatt, were jointly indicted for the crime. There was a motion for a severance, which was sustained, and appellant was the first one tried.

The evidence shows that the sheriff reached the scene of the homicide a very short time thereafter. He…