Flemings v. State

Appellant was indicted jointly with Lawrence Wright for the murder of one Bates. A severance was granted. The jury returned a verdict of guilty as charged and a death sentence was imposed.

Appellant contends that the evidence was insufficient to support the verdict and that his request for a directed verdict should have been granted.

The proof shows that appellant was twenty-five years of age. He had already served two terms in the State Penitentiary for burglary. He had been out of the penitentiary about four months when the events herein related occurred.

Appellant and Wright were friends.…