Mitchell v. State

Calvin, Lon and Arthur Mitchell, brothers, were jointly indicted for the murder of one John Lawrence. Calvin and Lon were convicted, sentenced to life imprisonment, and Arthur was acquitted.

The error assigned is the overruling of appellants’ motion for a new trial. The first question is the sufficiency of the evidence. It is established by direct evidence that John Lawrence was shot on September 12, 1920, at about 7 o’clock in the morning, by someone who concealed himself behind a rock which projected three or four feet above the ground, about 120 yards up the hillside from the back porch of…