SMITH v. STATE

5 Div. 434.

80 So.2d 302 (1954)

Lenward SMITH v. STATE.

Court of Appeals of Alabama.

Rehearing Denied June 15, 1954.


Attorney(s) appearing for the Case

Walter J. Merrill, Anniston and H. M. Brittain, Wedowee, for appellant.

Si Garrett, Atty. Gen., and Robt. Straub, Asst. Atty. Gen. and Owen Bridges, Montgomery, of counsel, for the State.


CARR, Presiding Judge.

Lenward Smith, the appellant, and Sanford Smith, his brother, were jointly indicted on a charge of murder in the second degree. Severance was ordered. The appellant was tried and convicted of manslaughter in the first degree.

Application for a continuance was made on the grounds that counsel for the defendant had not had ample time and opportunity to prepare for trial.

The accused was arrested on August 3, 1953. He was free from...

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