MARTIN v. STATE

7 Div. 3.

41 So.2d 440 (1949)

MARTIN v. STATE.

Court of Appeals of Alabama.

June 21, 1949.


Attorney(s) appearing for the Case

L. Charles Wright, of Gadsden, for appellant.

A. A. Carmichael, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., for the State.


CARR, Judge.

On an indictment charging murder in the first degree, the appellant was convicted of murder in the second degree.

Without factual dispute the accused killed Karl Cochran by shooting him with a twelve gauge shotgun.

With the exception of the participants, the decedent's brother was the only eye witness. His testimony, if accepted as true, made a case of unjustifiable murder. In fact, it was of sufficient potency to have sustained a conviction...

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