Plaintiff in error, James Rogers, was jointly tried with one Clarence Hilliard in the circuit court of St. Clair County for the murder of Walter White. The jury found both defendants guilty of the crime and fixed the punishment of Hilliard at 50 years' imprisonment and that of Rogers at 25 years. Rogers alone prosecutes a writ of error here seeking a reversal of the sentence and judgment entered against him by the trial court upon the jury verdict. The evidence offered on behalf of the People establishes that on May 28, 1951, at about 1:00 O'clock A.M., the body of Walter White, a bus-station attendant, was found in the station located at Fifth Street and Missouri Avenue in the city of East St. Louis. It was discovered by persons who came to the station to board a bus. White's death resulted from a gunshot wound in the chest, the bullet passing through his heart and the edge of his liver. The county coroner, who was also a physician and surgeon, removed a .25 caliber bullet from White's body. A search of the premises by police resulted in the discovery of an empty exploded .25 caliber cartridge case eight or ten feet from where the body lay. No other clues were discovered at the time and no arrests were made. The bullet and empty case were preserved by the police department.
