HEAD v. STATE

6 Div. 975.

44 So.2d 441 (1950)

HEAD v. STATE.

Court of Appeals of Alabama.

Rehearing Denied January 31, 1950.


Attorney(s) appearing for the Case

Scruggs & Scruggs, of Guntersville, for appellant.

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


HARWOOD, Judge.

The indictment against this appellant contained three counts, each charging manslaughter in the first degree.

At the conclusion of the State's case the court granted appellant's motion that he be discharged as to counts one and two of the indictment, and denied his motion to be discharged as to count three.

Omitting the formal parts count three charged that the appellant "did unlawfully and intentionally, but without malice, kill Medford...

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