McDonough v. State

BEAUCHAMP, Judge.

Russell McDonough was convicted of the murder of Marvin Gibson without malice and sentenced to two years in the penitentiary.

The indictment alleges that the offense was committed on the 5th day of April, 1943, by striking and beating the deceased with his fist and by kicking him with his feet. Inasmuch as no deadly weapon was used, an intent to murder must be found from the facts and circumstances of the case and no presumption will arise from the mere fact of beating him with his fists and kicking him with his feet. A helpful discussion of the sufficiency of the evidence…