Whittle v. State

GRAVES, Judge.

Appellant was charged with the murder of T. E. Kelley in Houston bounty on August 2, 1943. Upon his trial he was given the death penalty, and he now appeals.

Both the appellant and the deceased were convicts, confined at the State’s Eastham Farm in Houston County, and practically all the witnesses were also convicts. It was alleged in the indict- ■ ment, and proven, that prior to the date alleged as the commission of this offense appellant had been previously convicted of ’ crimes that carried as a punishment the alternate punishment of death, — that is, that appellant had been…