Roberts v. State

Murder second degree; thirty years.

This is an indigent appeal. The indictment charged Kenneth Roberts, ". . . unlawfully, and with malice aforethought, killed Errol G. Cummings, by hitting him with a baseball bat. . . ."

To this charge appellant pled not guilty and not guilty by reason of insanity and on March 12, 1975, a trial was commenced.

The testimony adduced by the State was:

James E. Cummings was the father of the deceased and on November 20, 1974, about 7:00 P.M. he saw his son's body in a funeral home. He described his son as being thirty-seven years old, about five feet, ten inches in…