Mathew v. State

4-ppellant was convicted of murder in the second degree; the jury awarding him a term of five years in the penitentiary.

The issues presented may be briefly stated as follows: The state’s contention from the evidence was that appellant and Jim May-hew and Aaron Mayhew had entered into an agreement or sort of conspiracy to whip and probably kill the deceased, Will Burk-head. On the day of the homicide, prior thereto in the morning, about 11 o’clock, a difficulty occurred in Jim Mayhew’s barber .shop between one of the Mayhew boys and Burkhead, which resulted in an ordinary fist fight. In that…