Roby v. State

LILES, Acting Chief Judge.

Appellant, defendant in the trial court, was indicted and charged with murder in the first degree along with two other co-defendants. A joint trial was had and appellant and codefendant Ernest Williams were found guilty by the jury of murder in the second degree. The third codefend-ant, William Henry Johnson, Jr., was found innocent by the jury. Defendant Roby appeals.

The indictment charged that the defendants effected the death of one Frank Cutler by shooting him with a pistol. The facts of the case are in dispute but from the record it appears that on February 4,…