State v. Brown

Defendant appeals from conviction of second degree murder. He was jointly indicted with Roger Allen Shirley for the homicide of one Tucker. ①

The evidence was that Tucker had taken a Mercury automobile and five baggies of heroin belonging to defendant Brown and had not returned them or money for them to Brown; that Brown was looking for Tucker and according to two witnesses, “he said that if he saw Bruce Tucker he would have to kill him” and “He said once or twice, maybe, if he got his hands on him [Tucker] he’d kill him.” They testified that Brown had a gun with him, and, accompanied by…