Allsup v. State

(1-4) The defendant was indicted for killing Less Rape, the indictment charging murder in the first degree, and was convicted of murder in the second degree and sentenced for a term of ten years. The evidence shows that, at the same time and in the same difficulty that Rape was shot and killed, the defendant also shot and mortally wounded one Clay, who died from the wounds inflicted upon him the following day. The state’s evidence shows that at the time of the shooting the state’s witness John Davis was present and witnessed the difficulty between defendant Allsup and Clay, and that within…