Turner v. State

The appellant, together with two co-defendants, was charged by indictment with the crime of first degree murder and murder in the commission of a felony, to-wit: robbéry. Separate trials were granted to appellant’s co-defendants. Appellant was tried by jury and found guilty of the lesser included offense of manslaughter.

The evidence most favorable to the state discloses:

The decedent, Charles Dale, was beaten and robbed during the night of February 22-23, 1969. Shortly after the incident he returned home, bloody and wet. He told his mother, “Two men have really beat me up tonight.” Shortly…