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SIMS v. STATE

348 S.W.2d 293 (1961)

Rube SIMS, Plaintiff in Error, v. STATE, Defendant in Error.

Supreme Court of Tennessee.

July 26, 1961.

Attorney(s) appearing for the Case

Hugh W. Stanton, William E. Cleaves, Public Defenders, Memphis, for plaintiff in error.

Walker T. Tipton, Asst. Atty. Gen., for the State.

SWEPSTON, Justice.

Rube Sims, hereinafter called defendant, was indicted for murder in a two-count indictment, the first being under T.C.A. § 39-2401 and the second count being under § 39-2402 for killing committed in the perpetration of robbery. He was convicted under the second count and sentenced to death by electrocution. He has appealed and assigned only one error, which is as follows:

"The trial judge erred in permitting the officer, N.E....

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