Murphy v. State

OPINION

DAUGHTREY, Judge.

Roy Murphy was convicted of shooting into an occupied dwelling, in violation of T.C.A. § 39-613, and he was sentenced to a term of two to four years in the penitentiary. On appeal he attacks (1) the sufficiency of the evidence to support the jury’s verdict, and (2) the qualifications of one of the trial jurors. A jointly convicted co-defendant, Billy Foster, does not appeal.

From the record it appears that Foster and Bernard Cook, the prosecuting witness, were married to sisters, and Foster and his wife had been experiencing marital difficulties. During an argument…