McKinley v. State

MORROW, Presiding Judge.

The conviction is for an accomplice to the offense of murder, punishment fixed at confinement in the penitentiary for a period of six years.

Ottis Ballard, a boy about seventeen years of age, was murdered. There is evidence sufficient to support the finding that the murder was committed by Clem Gray, a white man, and Burl Kemp, a negro. Kemp testified in substance that he and Gray made an agreement to kill Ballard, but that Gray struck the fatal blow in the absence of the appellant.

Gray’s confession was introduced in evidence by the State. According to it, Gray sought…