Mayhew v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, the jury awarding him a term of five years in the penitentiary.

The issues presented may be briefly stated as follows: The State’s contention from the evidence was that appellant and Jim Mayhew and Aaron Mayhew had entered into an agreement or sort of conspiracy to whip and probably kill the deceased, Will Burkhead. On the day of the homicide, prior thereto in the morning, about eleven o’clock, a difficulty occurred in Jim Mayhew’s barbershop between •one of the Mayhew boys and Burkhead, which resulted in an…