BATTLES v. STATE

7 Div. 797.

218 So.2d 695 (1968)

James Gordon BATTLES v. STATE.

Court of Appeals of Alabama.

Rehearing Denied January 14, 1969.


Attorney(s) appearing for the Case

Rowan S. Bone and Jas. D. Pruett, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for the State.


JOHNSON, Judge.

Appellant was indicted in Etowah County, Alabama, for the offense of murder in the first degree. He made pleas of not guilty and not guilty by reason of insanity. After a trial by a jury, he was found guilty of murder in the second degree and sentenced by the court to a term of ten years in the penitentiary.

During the course of the redirect-examination of Mrs. Sarah Durham, a witness for the State, the following testimony was given:

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