Smith v. State

Banke, Judge.

The appellant and Ivey J. Potter were jointly indicted on two counts of conspiracy to commit murder. The appellant was found guilty on both counts, while at a later trial Potter was acquitted on motion for directed verdict. On appeal, the appellant contends that the evidence was insufficient to establish his guilt and that Potter’s acquittal is fatally inconsistent with the jury’s verdict in his case.

The appellant made a taped confession in which he admitted that he had expressed to Potter a desire to get his wife and a man named Kenneth Ray Cason “out of the picture” so that he…