Williams v. State

Mauky, J.:

The plaintiff in error was indicted, tried and convicted of murder in the first degree in the Marion Circuit Court, and the sentence of death was passed upon him. He has sued out a writ of error to this court, ;and various assignments of error are made here.

We are confronted with an error in the record before us which, according to well established rules of law, will necessitate • a reversal of the judgment. A witness — Enoch Butler — was introduced by the State, .and testified that he was at the place called the commissary on the afternoon of the day the deceased was killed and saw…