SMITH v. STATE

1 Div. 777.

109 So.2d 853 (1959)

William Luke SMITH v. STATE.

Court of Appeals of Alabama.

February 24, 1959.


Attorney(s) appearing for the Case

Stanford Young, Waynesboro, Miss., and Harry Seale, Mobile, for appellant.

John Patterson, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


HARWOOD, Presiding Judge.

Under an indictment charging murder in the first degree this appellant was, by the jury, found guilty of manslaughter in the first degree. Judgment was entered accordingly, punishment being fixed at imprisonment in the penitentiary for a term of five years.

Since this judgment must be reversed because of error in the court's oral instructions to the jury, to which exceptions were duly reserved, we will set out only a thumb nail sketch...

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