State v. Earby

OPINION

GRANT, Judge.

On the evening of September 19, 1979, while armed with a pistol, appellant Johnny Shelton Earby approached Tyree Muldrow, as Muldrow was sitting in a park talking with two young women. After a short personal argument concerning the relationship between Muldrow and appellant’s 16-year-old sister, Muldrow ran from appellant whereupon appellant shot Muldrow twice. The first shot entered the victim’s buttocks and exited through the front of his lower abdomen. Muldrow tried to run behind a tree whereupon appellant fired the second shot which struck Muldrow in the upper back.…