Cunningham v. State

ROBERTSON, Justice,

for the Court:

T. L. Cunningham was indicted by the grand jury of the Circuit Court of Clay County for the murder of Leo Davis. The jury returned a verdict of guilty; the court sentenced Cunningham to life imprisonment.

On the night of January 13,1976, defendant Cunningham, Wiley Ewing, Jr. and James Nealy went to the country store of Leo Davis in the western part of Clay County to rob him. They planned the robbery as they rode around in Nealy’s car on the afternoon of the 13th.

Ewing testified that Nealy said “we might have to kill Mr. Davis”, the reason being that Davis knew…