ESPEY v. STATE

6 Div. 443.

120 So.2d 904 (1960)

Curtis C. ESPEY v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied June 2, 1960.


Attorney(s) appearing for the Case

deGraffenried, deGraffenried & deGraffenried, Tuscaloosa, for appellant.

MacDonald Gallion, Atty. Gen., and Geo. D. Mentz, Asst. Atty. Gen., for the State.


MERRILL, Justice.

Appellant, Curtis C. Espey, was convicted of murder in the second degree and sentenced to the penitentiary for twenty-five years. His pleas were not guilty and not guilty by reason of insanity. The latter plea was withdrawn at the close of the evidence. His motion for a new trial was overruled.

Appellant was forty-seven years of age and an uncle of the deceased, Wiley Howard Espey, who was thirty-three years of age. They were on friendly...

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