MERRILL, Justice.
Appellant appeals from a judgment and sentence of thirty-five years imprisonment based upon a verdict finding him guilty of murder in the second degree. He shot and killed Elouise Goldwin on September 24, 1963. Motion for a new trial was overruled.
Appellant owned the establishment known as Curley's Barbecue on 41st Street between 1st Avenue North and 1st Avenue South in Birmingham. The deceased operated it for him while he worked for a pest...
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