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LOWE v. STATE

7 Div. 430.

122 So.2d 382 (1958)

Jack LOWE, Sr. v. STATE.

Court of Appeals of Alabama.

Rehearing Denied April 8, 1958.

Attorney(s) appearing for the Case

Pilcher & Floyd, and Roberts & Orme, Gadsden, for appellant.

John Patterson, Atty. Gen., and Wm. C. Younger, Asst. Atty. Gen., for the State.

CATES, Judge.

Jack Lowe, Sr., a Negro, was indicted February 17, 1956, in the Etowah Circuit Court for first degree murder in shooting Allen Walter Melson to death with a pistol. He was, on May 16, found guilty of voluntary manslaughter by a jury, and sentenced to ten years in the penitentiary. His appeal was submitted here February 14, 1957.

The evidence tended to show:

About 9:10 P.M. January 7, 1956, Mr...

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