COLE v. STATE

8 Div. 716.

144 So.2d 54 (1961)

Thomas COLE v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 24, 1961.

Further Rehearing Denied November 21, 1961.


Attorney(s) appearing for the Case

Herman H. Ross and T. Eugene Burts, Florence, for appellant.

MacDonald Gallion, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


PRICE, Judge.

Thomas Cole stands convicted of murder in the second degree with a fifteen year penitentiary sentence.

Appellant admittedly shot and killed one James C. Jackson in Florence, Alabama. The killing took place in a cafe owned and operated by Julius Cole, a first cousin of appellant. At the time of the shooting, appellant was employed in the cafe and, as Julius Cole was not present, appellant was apparently acting in a managerial capacity.

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