Carruth v. State

Carley, Justice.

A jury found John Dexter Carruth guilty of malice murder and attempted armed robbery. After entering judgments of conviction, the trial court imposed a life sentence for the murder and a ten-year sentence for the attempted armed robbery. The trial court denied Carruth’s motion for new trial and he appeals from the judgments of conviction and sentences entered on the jury’s guilty verdicts.

During the trial, the State called Gary Harper as one of its witnesses. Harper testified that Carruth shot the victim. After the close of the evidence, but before closing arguments and the…