Atterberry v. State

BRADY, Justice:

This is an appeal from a judgment of the Circuit Court of Choctaw County, whereby the appellant was found guilty of murder and sentenced to life imprisonment in the state penitentiary. Since the jury resolved the factual disputes, which are numerous, against the appellant and in favor of the state, in our presentation of the facts we will take into consideration the jury verdict as controlling on disputed issues of fact.

On the night of January 23, 1971, a truck driven by Morris Dotson, who was accompanied by Emiah Docher, parked in front of the home of appellant, Nevada…