Fielder v. State

Appellant was found guilty of murder in the first degree, and given a death sentence upon his trial, under an indictment charging that he' had murdered one Sandufer McCall. It was the theory of the State that appellant lay in wait for the deceased and assassinated him. The testimony is voluminous, and is in irreconcilable conflict, but we find it sufficient to support this contention.

A week or ten days before the. killing, appellant intervened as a peacemaker to free one Ellis from an assault being made upon Ellis by deceased, and one Price. On the night of June 23, 1942, a large number of…