Brown v. State

MERRILL, Justice.

The decision of the Court of Criminal Appeals has been presented to us for review on the ground that it involves a question of first impression in the appellate courts of this state.

We cannot agree with the majority opinion of that court in the holding that the death sentence of the defendant, Samuel Brown, and by implication, similar sentences of other living defendants can be commuted to life sentences by that court, or that the failure of the legislature to change the place of execution from Kilby Prison, which was abandoned in January, 1970, to the new Holman Prison at…