Patton v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, his punishment being assessed at six years confinement in the penitentiary.

The facts disclose that at a social gathering Bud Mumford shot and killed Clint Green, using a pistol. While there is some evidence throwing doubt upon the fact that Mumford did the killing, it is of meager and slight weight. The theory of the State was, further, that appellant aided and encouraged Mumford in doing the killing. It is also the theory of the State that the killing was unnecessary. There is no evidence in the record from any…