Maxwell v. State

CARR, Judge.

Reuben and Ernest Maxwell, brothers, were jointly indicted for murder in the first degree. After severance, Reuben was tried and convicted of manslaughter in the second degree. This appeal is predicated •on this judgment of conviction.

Without conflict in the evidence, Ernest struck the deceased, James Morrow, a fatal blow on the head with a wooden stick or truck body standard.

The State contends that the appellant aided and abetted his brother in the commission of the offense.

In this aspect the evidence for the prosecution tended to show that the above named parties, with others,…