LAWSON, Justice.
Howard Kennamer was shot to death on December 10, 1952, in the store of Archie Russell in the Elon community, Madison County, Alabama. Joe Ed Payne was jointly indicted with his son Charles for the first degree murder of Kennamer. On motion of Joe Ed Payne, a severance was ordered and he was tried separately.
The jury returned a verdict of murder in the second degree and fixed punishment at imprisonment in the penitentiary for a term of twenty...
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