Clifton v. State

STATEMENT OF THE CASE

Lowdermilk, J.

Defendant-appellant Lowell Clifton appeals his conviction for aiming a deadly weapon.1

FACTS

The evidence most favorable to the State reveals that on July 15,1975 DeMorse Smith, a black camp counselor, and several children were erecting a tent for a camp-out in Martinsville City Park. While the campers were erecting the tent, Clifton and his son-in-law drove up and stopped their car. When Clifton, who intensely disliked Negroes, saw that Smith was a black man, he called to Smith from his car and told Smith that blacks did not belong in Morgan County and that…