Fuller v. State

Bell, Chief Justice.

The special grounds of the motion for new trial will be referred to herein according to the numbering in the amendment to the motion.

We shall consider first the special ground numbered 4. The State’s evidence, which, on the disputed issues, was entirely circumstantial, tended to show that the accused, Ennis Key, and Elsie Simmons formed a conspiracy to rob the deceased, and in the execution of such conspiracy killed him by beating. The State offered in evidence an indictment charging Fuller with robbery by force, with a plea of guilty thereon, which offense was alleged to…