Scott v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

A sharp conflict arises under the testimony as to who fired the shot that killed the deceased. Mrs. Stark, sister of deceased, testified that it was the appellant; appellant and the witness Lundell testified that it was W. W. Scott, son of appellant — and not the appellant, himself.

Both theories were submitted to the jury — that is: that appellant killed deceased, or aided W. W. Scott, as a principal, in so doing.

The jury, without designating upon which theory that conclusion was based, returned a general verdict finding appellant guilty.

Appe…