Dalrymple v. State

McDonald, judge.

Appellant was charged under a five count indictment with the offense of murder, the fifth count charging commission of the offense “by some means unknown to the Grand Jury.” This was the count sub mitted to the jury which resulted in their verdict of guilty and the assessment of thirty years’ confinement in the State penitentiary as punishment.

The State’s principal or star witness was an accomplice by the name of Herman Talley. Almost one-half of the statement of facts reflects the testimony of this witness, Talley.

The careful trial judge fully charged the jury upon the…