MAXWELL v. STATE

2 Div. 789.

43 So.2d 323 (1949)

MAXWELL v. STATE.

Court of Appeals of Alabama.

December 6, 1949.


Attorney(s) appearing for the Case

Pitts & Pitts, of Selma, for appellant.

A. A. Carmichael, Atty. Gen., and Neil Metcalf, Asst. Atty. Gen., for the State.


CARR, Judge.

Reuben and Ernest Maxwell, brothers, were jointly indicted for murder in the first degree. After severance, Reuben was tried and convicted of manslaughter in the second degree. This appeal is predicated on this judgment of conviction.

Without conflict in the evidence, Ernest struck the deceased, James Morrow, a fatal blow on the head with a wooden stick or truck body standard.

The State contends that the appellant aided and abetted his...

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