State v. Caldwell

GORDON, Justice:

On the evening of July 15, 1976, Harry Seth and Robert Guy arrived at a house occupied by Tucker to purchase some marijuana from three of Tucker’s friends, Lester Fenderson, Lex Allen and the appellant. Seth and Guy entered the house at differ ent times where, pursuant to a prearranged plan, they were bound and robbed by Tucker’s friends. 1 While there is no evidence that Caldwell did the shooting himself, Guy was murdered later that same evening.

The major pieces of evidence linking appellant to the robbery were testimony by Fenderson that appellant had been a participant and…