FORT v. STATE

5 Div. 348.

64 So.2d 604 (1953)

FORT v. STATE.

Court of Appeals of Alabama.

Rehearing Denied March 3, 1953.


Attorney(s) appearing for the Case

A. Drew Redden, Tallassee, for appellant.

Si Garrett, Atty. Gen., and Thos. F. Parker, Asst. Atty. Gen., for the State.


PRICE, Judge.

Under an indictment charging murder in the first degree, the defendant was convicted of murder in the second degree and his punishment fixed at 10 years' imprisonment in the penitentiary. From the judgment of conviction and the action of the court in overruling the motion for a new trial, this appeal is prosecuted.

The evidence is without dispute that Jesse Joseph Willard died shortly after a personal encounter with defendant, and that the cause...

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