Davis v. State

LIVINGSTON, Chief Justice.

The appellant, Howard Davis, alias Samp Davis, was tried in the Circuit Court of Shelby County, Alabama, under an indictment charging him with murder in the first degree. He was convicted of murder in the first degree and his punishment fixed at death by electrocution. The appeal is under the so-called automatic appeal statute. Title 15, §§ 382(1) and 382(2), pocket part, Code 1940.

The State’s evidence tended to prove that appellant, on the night of October 30, 1948, accompanied by Ory McGinnis, Walter McKinney, John Henry Broughton and appellant’s brother, Jack…