3 Div. 901.

41 So.2d 301 (1949)


Court of Appeals of Alabama.

Attorney(s) appearing for the Case

Robt. H. Jones, of Evergreen, for appellant.

A. A. Carmichael, Atty. Gen., and Jas. L. Screws, Asst. Atty. Gen., for the State.

CARR, Judge.

The appellant was indicted and convicted for murder in the second degree. Without dispute in the evidence he killed his sister by shooting her with a pistol.

It appears that the deceased had cut the defendant a short time prior to the fatal shooting. This difficulty took place on the inside of a house where a party was in progress. The decedent, her husband, and the appellant had left the party and had advanced a short distance out in the road when the killing occurred.

According to the State's evidence, the accused killed his sister without legal excuse or justification. The defendant testified that both the deceased and her husband were advancing toward him, armed with knives, and under these circumstances he fired the fatal shot. Thus a conflicting factual issue was presented.

Comparatively very few objections were interposed by appellant's counsel during the progress of the introduction of the evidence. Only one exception was reserved to the ruling of the court. In this instance, the objection, though without merit, was interposed after the question was answered. Kelley v. State, 32 Ala.App. 408, 26 So.2d 633.

The only question properly presented for our review is the action of the court in denying the appellant's motion for a new trial. Clearly, there is no merit in this position. Freeman v. State, 30 Ala. App. 99, 1 So.2d 917; Booth v. State, 247 Ala. 600, 25 So.2d 427.

It is ordered that the judgment of the court below be affirmed.


BRICKEN, P. J., not sitting.


1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases