Wisenbaker v. State

Clarke, Presiding Justice.

Appellant Wisenbaker was convicted of burglary, armed robbery, and the felony murder of Horace LaCount. The underlying felony for the felony murder was aggravated assault with a brick. Appellant was found not guilty of malice murder. The evidence at trial showed that LaCount’s death resulted from a depressed skull fracture which was consistent with his being hit on the head with a brick. Several bricks in the area showed traces of blood of the same type as the blood of the victim.

Roger Townsend pled guilty to armed robbery and testified against appellant at trial.…