Russell v. State

The appellant, Booker T. Russell, was indicted and tried for the murder of his cousin, Ivan Lee Russell, and upon a verdict of guilty as charged being returned, he was sentenced to death.

We deem'it unnecessary to state in detail the facts in connection with the homicide in passing upon this appeal, for the reason that the cause is to be reversed and remanded for a new trial.

Even though it be conceded that under the facts and circumstances transpiring* at the scene of the killing, the jury may not have been warranted in doing otherwise than to find the appellant guilty of murder, nevertheless,…