SPANN v. STATE

4 Div. 510.

179 So.2d 178 (1965)

Terry F. SPANN v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 5, 1965.


Attorney(s) appearing for the Case

J. Hubert Farmer and W. G. Hardwick, Dothan, for appellant.

Richmond M. Flowers, Atty. Gen., and Owen Bridges, Asst. Atty. Gen., for the State.


CATES, Judge.

From a conviction of second degree murder carrying a fifteen-year sentence, Spann appeals. The parties argued orally and submitted the cause November 5, 1964.

Two questions present themselves: (1) rulings reinstating and then refusing a motion for new trial; (2) the sufficiency of the evidence.

I.

Terry Spann was indicted for slaying his older brother, Clarence, by shooting him with a shotgun.

Viewed from verdict, Terry...

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