McDowell v. State

BEAUCHAMP, Judge.

Appellant was convicted for the offense of murder and given a sentence of forty years in the penitentiary. He was charged by indictment returned on the 7th day day of May, 1940, as a principal with Walter Castleberry for the murder of John Fleming on the 8th day of September, 1929.

The deceased was a constable and while at a gathering of negroes undertook to take a pistol off of the person of . Andrew Castleberry. This resulted in a shooting affray and the death of Andrew Castleberry who was a brother of Walter Castle-berry. The trouble arose at a gathering at which a great…