SMITH v. STATE

4 Div. 214.

210 So.2d 826 (1968)

Burnist Orville SMITH v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied May 23, 1968.


Attorney(s) appearing for the Case

John C. Walters and E. C. Orme, Troy, for appellant.

MacDonald Gallion, Atty. Gen., and W. Mark Anderson, III, Asst. Atty. Gen., for the State.


LAWSON, Justice.

A jury of Pike County, Alabama, found Burnist Orville Smith guilty of the first degree murder of Mrs. Foy Post Boone and fixed his punishment at imprisonment for life. Judgment and sentence were in accord with the jury's verdict. Smith has appealed to this court.

Mrs. Boone, eighty-one years of age, lived alone in her home on North Brundidge Street in Troy, Alabama. Around two o'clock on Sunday afternoon, December 15, 1963, Lester Little,...

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