CATES, Presiding Judge.
Second degree murder: sentence, eighteen years in the penitentiary.
Guntharp allegedly, in conjunction with Stewart Weaver, killed James Floyd Davis by shooting him with a pistol. The grand jury charged them both in one indictment. They were tried separately. Code 1940, T. 15, § 319.
The tendency of the State's evidence was that appellant and his employee, Weaver, took Davis for a ride. One, or the other, shot Davis—...
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