Mulkey v. State

Birdsong, Judge.

Arson. Edgar Mulkey was convicted of arson in the first degree, and appeals, enumerating three errors.

The burned store building housed a men’s retail clothing business owned and operated by Mulkey. Chief witness against Mulkey was Disharoon, who plead guilty to the same offense, and whose testimony that Mulkey hired him to commit the crime is the only direct evidence that the appellant was a principal in the commission of the crime.

The evidence disclosed that Mulkey had approximately $60,000 in inventory in the store including a recent shipment of men’s shirts. He had recently…