Bivins v. State

Appellant and three other men were indicted for first degree murder and first degree murder by killing in the perpetration of a felony. The issues were submitted to a jury and appellant was found guilty on both counts and sentenced to life imprisonment.

All four of the men indicted, Smith, Mayberry, McElwain and the appellant, entered pleas of not guilty. Smith and the appellant were tried together. Mayberry and McElwain testified as State’s witnesses at the trial.

The facts are briefly these: On the afternoon of November 2,1967, the appellant stopped by the home of Mayberry. May-berry asked…