Simmons v. State

Appellant was convicted by a jury of the crime of Second Degree Murder. The sole issue raised by this appeal is the sufficiency of the evidence. The evidence is that on December 2, 1972, Appellant and Jimmy Ray Cambrón were drinking and driving around South Bend. In the late afternoon they were joined by the decedent, Homer C. Baumgartner, an older man who was an acquaintance of Appellant. Baumgartner wanted to cash a pension check. He was unable to find a place to cash the check. Instead, he bought liquor on credit. The three men returned to Baumgartner’s house to drink. Baumgartner…