Mitchell v. State

BOULDIN, Justice.

Horace Mitchell and David Mitchell, brothers, were jointly indicted with another for the murder of Curley Bray. The Mitchell brothers were tried together, were convicted of murder in the first degree, and their punishment fixed at death. The main question for review on this appeal arises upon a denial of a motion for new trial upon the ground of separation of the jury pending the trial.

Paragraph 9 of the motion for new trial reads: “9. Because the Court erred in the following manner: The trial of the above described case was begun on the 19th day of November, 1942, and at…