KINCEY v. STATE

4 Div. 190.

55 So.2d 368 (1951)

KINCEY v. STATE.

Court of Appeals of Alabama.

November 27, 1951.


Attorney(s) appearing for the Case

J. N. Mullins, Dothan, for appellant.

Si Garrett, Atty. Gen., L. E. Barton, Asst. Atty. Gen., and Chas. C. Carlton, Montgomery, of counsel, for the State.


CARR, Presiding Judge.

In the circuit court the accused was indicted and convicted of assault with intent to murder. Without dispute in the evidence he shot A. D. Daniels with a pistol. The bullet entered the left lower jaw, and, according to the testimony of the attending physician, the nature of the wound was such that it was calculated to cause death.

The affray occurred at a place where intoxicating liquors were sold, and it appears that excessive consumption...

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