Stogsdill v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for capital murder. Punishment was assessed at death.

Appellant contends that the court erred “in holding evidence to be sufficient to sustain conviction, when circumstances amounted to ‘strong suspicion’ and ‘mere probability’ of Appellant’s participation in the offense charged.”

The indictment upon which the prosecution was based charged in pertinent part that appellant “on or about the 14th day of April A.D. 1975” did then and there

“intentionally cause the death of Billy Ed Price by beating him and stabbing him with a lug wrench,…