State v. Posey

The two appellants were jointly prosecuted and convicted of murder in the second degree for beating with a club and killing Mary Vaughn near Bailey’s night club and filling station at Holland on U. S. Highway' 61 in Pemiscot County on September 11, 1938. The jury assessed the punishment of both at 15 years’ imprisonment in the penitentiary. The evidence connecting appellants with the murder was partly circumstantial. Their assignments of error on this appeal'complain: (1) that the evidence was iiisuffieient to make a prima facie case fhr the jury; (2) of the giving of two instructions; (3) of…