Byrd v. State

*102STAKELY, Justice.

Charlie Byrd was indicted for the murder of Neely Trigg. Trial resulted in a conviction and sentence of murder in the first degree. The death penalty was imposed. The appeal comes here under the automatic appeal act.

Evidence for the state tended to show that on, Sunday, October 29, 1950, about 11: 45 A. M. the car of the deceased; Neely Trigg, having run out of gas was parked at the side of a street in the City of Demopolis. The deceased was standing outside of his car smoothing the seat covers on the front seat of his automobile. Charlie Byrd appeared on the opposite side of…