Benjamin B. Oryang v. State

McMILLAN, JUDGE The appellant was convicted of the murder of Julia Lindsey, the attempted murder of Cathy Wall, and the attempted
murder of Barry Kelly. He was sentenced to concurrent terms of life imprisonment for the murder of Julia Lindsey and the attempted
murder of Cathy Wall. He was sentenced to 50 years' imprisonment for the attempted murder of Barry Kelly, which sentence was
to be served consecutively to the other sentences. The record indicates the following facts. Tyrone Gibson, one of the appellant's codefendants, testified that McArthur Harris
(another codefendant), the appellant, and he met at the appellant's house to drink beer and whiskey on the night of the offense.
Gibson testified that they then got into Gibson's car to go "joy riding," and that the appellant brought his gun with him.
Gibson said that they drove to Harris's house to see a gun he had there and, when they left his house, Harris brought the
gun. They drove to Gibson's house and got his gun. Thereafter, during the ride, they saw a truck approaching them from behind
at a fast rate of speed, and Gibson testified that this angered the appellant. Gibson testified that he slowed down to let
the truck pass and as it did the appellant and Harris began shooting at the truck.