49. The Attorneys Appealed The Sentences

Jones and Murphy requested that the men receive a new trial, based on errors that had occurred in the initial trial. Governor Brough denied the request but did issue a stay of execution so that the Elaine Twelve would not be killed while there was pending litigation.
Jones and Murphy then appealed to the Arkansas Supreme Court. They were able to get new trials for the men, based on the error that at the initial hearing, the jurors did not have ballots that required them to select the degree of murder for which the men were being convicted.



