Rasberry v. State

DAVIDSON, Presiding Judge.

This conviction was for murder, with twenty-five years sentence in the penitentiary.

The court submitted the case for conviction upon the proposition that Will Luman did the killing and appellant was present aiding him hy acts, and encouraging him hy words or gestures to commit the offense, and further, that appellant was a principal hy reason of the fact that he had previously agreed to the commission of the offense and was present at the time of the killing. This was the State’s theory. Appellant, before the argument began, asked an appropriate instruction to the…