Earnest v. State

This appeal is from a judgment of conviction of murder in the second degree.

The undisputed facts disclosed that Will Miller, the deceased named in the indictment, was shot and killed by one Walter Babb, that the weapon with which he was killed was a breech-loading double-barrel shotgun loaded with buckshot, and that said gun belonged to this appellant Earl Earnest.

The state insisted that this appellant was an accomplice of Babb and an accessory to the killing; that he aided and abetted therein, and advised said Babb to kill Miller, and was present when the killing occurred. In furtherance of…