Smith v. State

Weltner, Justice.

Johnny Smith was convicted of murder by shooting and killing Ernest Battle with a handgun, and of armed robbery. He was sen tenced to two concurrent terms of life imprisonment. His co-defendants, Nolton and Simpson, testified for the state that they, along with Smith, had made plans to rob the victim, who was a known drug dealer. Nolton (who pleaded guilty to felony murder) testified that he (Nolton) shot Battle during the robbery attempt, believing that Battle was reaching for a weapon. Battle’s wallet was taken.

1. The evidence in this case was sufficient to enable the jury…