McMILLIAN v. STATE

2 Div. 394.

106 So.2d 244 (1958)

Henry McMILLIAN v. The STATE of Alabama.

Supreme Court of Alabama.

November 6, 1958.


Attorney(s) appearing for the Case

John W. Drinkard, Linden, for appellant.

John Patterson, Atty. Gen., and John F. Proctor, Asst. Atty. Gen., for the State.


COLEMAN, Justice.

This appellant was tried on an indictment charging murder in the first degree, convicted of murder in the second degree, and sentenced to thirty years imprisonment in the penitentiary, for killing Robert McQuerta, also known as Boston McQuerta, by cutting him with a knife or striking him with a bottle.

The evidence for the state tended to show that about 11:30 P.M. on a Saturday night in August, 1957, the defendant and his brother, Willie...

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