Hurd v. State

The prisoner was convicted in the criminal court of Hamilton county for the crime of murder in the first degree, with the judgment of death, for the unlawful killing of one T. O. Musgrove. The deceased was a policeman of the city of Chattanooga, hut at the time of his death was dressed in citizen’s clothes, and it does not distinctly appear that the prisoner knew at that time the deceased was a police officer. The theory of the state is that Musgrove at the time of his death was attempting to arrest defendant, Hurd, for the offense of unlawfully carrying a pistol.

The shooting, which resulted…