Scott v. State

BOOKOUT, Judge.

Second degree murder; sentence: thirty-five years.

The appellant was indicted and convicted for the murder of his brother, Paul Scott. The alleged murder took place in the evening on March 3, 1975. There was substantial evidence presented at trial from which the jury could conclude that the appellant willfully shot and killed Paul Scott with a twelve gauge shotgun. The appellant testified that the shooting was accidental.

There are three arguments presented by the appellant on appeal which deserve consideration.

I

The appellant made two incriminating statements immediately after…