EMERSON v. STATE

8 Div. 248.

198 So.2d 613 (1967)

Tommy Howard EMERSON v. STATE.

Supreme Court of Alabama.

April 13, 1967.


Attorney(s) appearing for the Case

Ralph E. Slate, Decatur, for appellant.

MacDonald Gallion, Atty. Gen., and Robt. F. Miller, Asst. Atty. Gen., for the State.


HARWOOD, Justice.

This appellant has been adjudged guilty of murder in the second degree and sentenced to imprisonment in the penitentiary for forty years.

The evidence presented by the state tended to show that on the morning of 2 March 1965, the body of Rosa Emerson was found lying in a ditch off a public highway in Morgan County. Medical evidence was to the effect that she died of a brain injury caused by a blow to the head.

T. A. Patterson, chief...

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