Brown v. State

OPINION

WALKER, Presiding Judge.

Convicted of first degree murder and sentenced to death by electrocution, the appellant, Billy Carmack Brown, appeals in error.

The state’s evidence, including that of his accomplice, Jackie Baker, showed that Brown and Baker had been drinking heavily on August 23,1975; in a Lebanon restaurant they were loud and abusive of a waitress. They annoyed the deceased, Royal Tidwell, by hiding his hat, but Tidwell agreed to take them home in his car.

After leaving the restaurant with Tidwell driving, Brown put his arm around Tid-well’s neck several times in a rowdy…