State v. Dephenbaugh

Maxwell, Judge:

Opha Dephenbaugh, B. F. Howell, and Flora Chewning were jointly indicted in the circuit court of Taylor county at the January Term, 1927, for the murder of Sandy Combs,, nicknamed Jack Johnson. Dephenbaugh, separately tried, was convicted of murder in the second degree and sentenced to confinement in the penitentiary for twelve years. He prosecutes this writ of error to the judgment of the trial court. The homicide and other occurrences herein recited took place at Wende.1, a small mining town in Taylor county.

On the evening of December 24, 1926, Dephenbaugh (hereinafter…