State v. Lowery

BILLINGS, Justice.

Both the defendant and his co-defendant, James Small, testified at their joint trial. The State’s evidence tended to show that James Small solicited numerous people to kill his estranged wife, Evelyn Small, and that Vincent Johnson and the defendant agreed to kill Mrs. Small and accomplished the murder following Small’s instructions. State’s witness Vincent Johnson testified that after several unsuccessful attempts, he and the defendant went to Mrs. Small’s house on the evening of 14 November 1978 and entered the back door with a key supplied by Small. While the two children…