State v. Wallen

The first question which must be considered is whether there is evidence in the record that the appellant intended to rob the deceased at the time he attacked him.

An examination of the record reveals evidence that appellant was destitute; that his girl friend knew the decedent had cashed his pay check that day; that appellant and his girl friend had lived in McCully’s apartment for some two weeks, rent free, with McCully furnishing all the food *46and drinks; that, on the date of the killing, during a drinking bont in McCully’s kitchen, appellant suddenly knocked McCully out of a chair onto the…