Gordon v. State

Smith, O. J.,

delivered the opinion of the court.

This is an appeal from a death penalty for murder. While the appellant and Charlie Clemons were engaged in robbing Pat and Eliza Bingham, at their residence, about eleven o’clock at night, Pat called to Richard Priestly, who lived a short distance away, and who then came to the Bingham residence. When he arrived at the steps from the ground to the gallery of the res idence, Clemons was on the gallery and the appellant on the inside of the house. The appellant, according to the undenied State’s evidence, told Clemons to “kill the son-of-a-bitch”…