In addition to the regular panel of jurors, a special panel of 300 was summoned for this case. Strange, Bobby Ottinger, Kenneth Black, Emmit Lundsford, J. It is specifically contended that the trial judge *834 erred in refusing a challenge for cause as to prospective jurors Earl Moore, Charles Edward Cate, Samuel E. The defendant assigns as error that the trial judge erred in unduly restricting voir dire examination of prospective jurors. The conviction will not be reversed on the facts unless it is shown that the evidence preponderates against the verdict and in favor of the innocence of the accused. 15, 372 S.W.2d 173, the verdict of the jury, approved by the trial judge, accredits the testimony of the State and resolves all conflict in favor of the theory of the State. There are a number of other circumstances indicating the defendant's guilt, but no question is raised relative to the weight of the evidence. This key was also made by use of the serial number. A short time later Dunham had a key made for the Pontiac by the same keysmith. The defendant gave the Oldsmobile number to a keysmith and had a key made for it. They had access to the serial numbers on the two automobiles. The Pontiac used in the robbery was also on the lot. The day before the murder the defendant and a man who fit the description of Dunham went to a used car lot in Newport and tried out a 1964 Oldsmobile. The State's proof thoroughly corroborated the testimony of the eye witnesses. Two other witnesses saw Dunham immediately after the shots were fired picking up the money, throwing it in a 1962 Pontiac automobile, and leaving with another person whom they were unable to identify. Harriet Cureton, identified the defendant and Dunham as the perpetrators of the robbery and murder. The deceased, Sam Overton, a clerk at the Super Dollar Market in Newport, was killed at 8:30 A.M., October 7, 1966, as he left the store on his way to a bank with $19,862.61. A mistrial was declared as to him, and the trial proceeded to the conviction of this defendant. He was jointly indicted with one Ovanley Dunham, and they were being tried together until it developed that Dunham was no longer mentally competent to stand trial. The defendant, Jackie Layman, has appealed from a conviction of murder in the first degree, his punishment being fixed by the jury at ninety-nine years in the State penitentiary. Gen., Nashville, for defendant in error.Ĭertiorari Denied by Supreme Court July 15, 1968. *833 Franklin Park, Jefferson City, Rex McGee, Knoxville, Roger W.
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