Dailey v. State

BOULDIN, Justice.

Appellant, Wash Dailey, was jointly indicted with Wesley Berry, Joe Skumro, Nollie Mizelle, and Eugene Mizelle for the murder of Abe Baxter.

After severance, separate trials have been had. This is the third to be reviewed by this court. See Berry v. State, 231 Ala. 437, 165 So. 97, and Skumro v. State, 170 So. 776.

Eugene Mizelle became a witness for the State, indeed the only direct witness as to the fact of a murder, the parties present and participating therein, the circumstances attending the slaying, and later efforts at concealment and suppression of evidence.

The chief…