WILBANKS v. STATE

5 Div. 610.

151 So.2d 741 (1962)

John WILBANKS v. STATE.

Court of Appeals of Alabama.

Rehearing Denied January 8, 1963.


Attorney(s) appearing for the Case

Goodwyn & Smith, Montgomery, Beddow, Embry & Beddow, Birmingham, and George P. Howard, Wetumpka, for appellant.

MacDonald Gallion, Atty. Gen., and Jerry L. Coe, Asst. Atty. Gen., for the State.


CATES, Judge.

Indictment: first degree murder of Barbara Lucas King by shooting her with a rifle [8 mm. Mauser sports]. Verdict: guilty of first degree manslaughter. Sentence: ten years. Motion for new trial: denied.

The testimony of Dr. Rehling brought out by the question as to his "investigation of the path of flight from the entrance of that hole" [in which the bullet was found in the King's wall] did not invade the province of the jury, Pruitt v. State...

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