Rush v. State

Sam Bobinson, Associate Justice.

Appellant, Fred Bush, hereinafter sometimes referred to as Fred, has appealed from a conviction of murder in the first degree resulting in a life sentence in the penitentiary for the alleged killing of his step father, Paul Bush, hereinafter sometimes referred to as Paul, who was also Fred’s adoptive father. The State’s theory of the case is that Fred, his cousin Baymond Wood, and Carolyn Brown, entered into a conspiracy to kill Paul, and did kill him about 11 p.m. on May 13, 1962.

The State contends that in carrying out the conspiracy, in the early part of the…