Maxey v. State

MORROW, Presiding Judge.

The offense is murder, punishment fixed at death.

Appellant shot and killed Leroy McCain.

According to the state’s witness, Berl Spikes, he, Chester King, Leroy McCain and the appellant were walking in, the woods. Deceased and the appellant were walking side by side and were in front of King and Spikes. The witness Spikes observed that the appellant fell behind Spikes. The witness observed that the appellant fell behind McCain. He then saw the appellant shoot McCain, who fell at once. Immediately after shooting McCain, appellant fired five shots at Spikes, three of which…