Kalb v. State

Bell, Presiding Justice.

Jesse Kalb and Thomas Emmett were jointly indicted for the offense of murder, and on separate trials were'convicted of the offense charged. In the case of Emmett the verdict contained no recommendation. On the trial of Kalb the jury recommended mercy. Each defendant moved for a new trial, which the court refused, and the defendant excepted. In the order of their appearance, we have dealt first with the writ of error as brought by Emmett, and we now have for determination the case of Kalb.

While the’exceptions were different in most instances, some questions were common…