Griffin v. State

455 S.W.2d 882 (1970)

Facts

D stepped forward and declared he was 'not scared, I've been in the war. I wasn't killed over there. I'm not going to be killed here. Take me, G . . . d . . . you, if you can,' and started toward officer Vines with his fists. Vines used mace, but D started hitting the officer. A group of young colored males then 'swarmed' Vines. Vines was knocked down in the ditch, with all of the participants on top of him. D was still beating Vines with his fists and kicking him. Vines drew his pistol and fired and struck D in the chest. The second officer, Ederington, was 'jumped' by two or three persons from the crowd, and knocked to the street. After the gunshot, everyone backed off. Although there was no direct evidence of an agreement between D and the crowd, D was convicted of conspiracy. D appealed, claiming that unless direct evidence of an unlawful agreement could be found, he could not be convicted of the crime of conspiracy.