SMITH v. STATE

7 Div. 848.

203 So.2d 279 (1967)

Dalton T. SMITH v. STATE.

Court of Appeals of Alabama.

October 17, 1967.


Attorney(s) appearing for the Case

Scott & Scott, Fort Payne, 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 DeKalb County, Alabama, for the offense of murder in the second degree. He was found guilty of manslaughter in the first degree and sentenced to a term of five years in the State penitentiary as punishment therefor. Appellant was denied a motion for new trial and makes this appeal from the judgment of the lower court.

The State's first witness was the nine year old son of deceased who stated that...

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