Sherman Granville Mcbryar v. State

Appellant was charged by indictment with first degree murder. At arraignment, in the presence of his counsel, appellant entered a plea of not guilty. The jury returned a verdict of guilty as charged and fixed the punishment at imprisonment in the penitentiary for life. Appellant gave notice of appeal. A free transcript was ordered and trial counsel was appointed to represent him on this appeal. This is certainly a bizarre case, but the confluence of events over a five or six year period formed the basis for the arrest and conviction of appellant of the crime of murder in the first degree and a sentence to life imprisonment in the penitentiary. The evidence presented by the State was extremely conflicting with that presented by the defense. The motive for the slaying was weak but not inconclusive. Only a jury could unravel the inconsistencies and arrive at a verdict. It is not within the province of this Court to pass on the truthfulness or falsity of the evidence presented in this case.