STEARNS v. STATE

5 Div. 663.

96 So.2d 306 (1957)

Lucius STEARNS v. STATE of Alabama.

Supreme Court of Alabama.

June 27, 1957.


Attorney(s) appearing for the Case

Geo. P. Howard, Wetumpka, for appellant.

John Patterson, Atty. Gen., and Edmon L. Rinehart, Asst. Atty. Gen., for the State.


MERRILL, Justice.

Appellant was convicted of murder in the second degree and sentenced to twenty-five years in the penitentiary. His motion for a new trial was overruled and he appealed.

The defendant shot and killed the deceased sometime after 1:30 A.M. on October 2, 1955. There was evidence that deceased was about drunk and that defendant had been drinking. Both were Negroes.

Because the judgment of conviction...

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