State v. Booth

SEILER, Judge.

This case involves the question of whether testimony by a drug addict who had taken three injections of heroin of unspecified strength and size within a period of twelve hours, the last about fifteen minutes before the occurrence of the events to which he testified, constitutes substantial direct testimony that the defendant feloniously shot the deceased. We conclude it does under the facts before us and affirm the judgment.

Defendant was convicted of murder in the second degree of James Bailey and appeals. Since defendant was also charged with three previous stealing…