DAVIS v. STATE

7 Div. 524.

113 So.2d 184 (1959)

Samuel Simpson DAVIS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied March 10, 1959.


Attorney(s) appearing for the Case

Pilcher & Floyd, Gadsden, for appellant.

John Patterson, Atty. Gen., and Robt. C. Dillon, Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a judgment of the Etowah Circuit Court which, resting on a jury's verdict, adjudged Davis guilty of murder in the second degree and fixed his punishment at ten years in the penitentiary.

The tendencies of the State's evidence were that on November 10, 1956, Mr. Davis fired a shotgun shell into his wife's back some ten inches below the collar bone, and from this wound she died in a short time.

Davis contends that...

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