WHEAT v. STATE

8 Div. 997.

202 So.2d 65 (1967)

Jack Farrell WHEAT v. STATE.

Court of Appeals of Alabama.

Rehearing Denied June 20, 1967.


Attorney(s) appearing for the Case

Beddow, Embry & Beddow, Birmingham, and Smith, Johnston & Walker, Huntsville, for appellant.

MacDonald Gallion, Atty. Gen., and John C. Tyson, III, Asst. Atty. Gen., for the State.


JOHNSON, Judge.

Appellant was indicted by the Grand Jury of Madison County, Alabama, on November 16, 1962, for the offense of murder in the first degree. Upon a plea of not guilty, a jury found appellant guilty of murder in the second degree and sentenced him to twenty years imprisonment in the State penitentiary as punishment therefor. Upon the denial of a motion for new trial and "from this judgment, appellant makes this appeal.

The tendency of the evidence...

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