Brooks v. State

SIMPSON, Justice.

The defendant was convicted of murder in the first degree and received the death penalty. A similar conviction on the same indictment at a former trial was set aside by the trial court for some error not apparent from the present record.

We have carefully examined the evidence and are convinced that it was sufficient to take the case to the jury and warrant the verdict returned. The rule is settled that the corpus delicti may be established by circumstantial evidence and need not be proved by direct or positive testimony. Ala.Dig., Criminal Law, @=563.

While no one saw the…