Carr v. State

SMITH, Justice.

A grand jury of Covington County indicted appellant, Talmadge (Billy) Carr, jointly with Jesse White and Cecil Sessums, charging them with having committed an assault and battery upon one Rogers by shooting him with a pistol, intending to murder him. The Circuit Court of Cov-ington County granted severances and appellant was tried separately, convicted and sentenced to serve a term of 5 years in the penitentiary.

The appellant shot Rogers on the night of March 29, 1967. According to testimony for the prosecution, Sessums, an acquaintance of Rogers with whom he had been…