Attorney:
T. M. Peeples, R. B. Russell, Braswell & Smith, Hoke Smith, and H. C. Peeples, for plaintiff in error. W. T. Kimsey, Sol. Gen., J. M. Terrell, Atty. Gen., Glenn & Rountree, and John R. Cooper, for the State.
Judge Panel:
1. Under the provisions of the Penal Code, murder is a capital felony only when the jury upon the final trial fail, upon finding a verdict of guilty, to recommend the accused to the mercy of the court, or that he be imprisoned in the penitentiary for life; and in making such recommendation no lim...
