BARBEE v. STATE

8 Div. 78.

249 So.2d 638 (1971)

Carswell BARBEE v. STATE.

Court of Criminal Appeals of Alabama.

June 15, 1971.


Attorney(s) appearing for the Case

J. N. Powell, Jr., Decatur, for appellant.

MacDonald Gallion, Atty. Gen., and Jasper B. Roberts, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

Conviction was for assault with intent to murder one Windell Allen. Sentence was for two years in the penitentiary.

The state's evidence tends to show that Christmas Eve night, 1966, Barbee's former wife was working in a grocery store operated by Windell Allen's father. Defendant and a woman companion selected groceries and asked Mrs. Barbee to check them out. She refused and Allen asked Barbee to leave. Whereupon defendant drew a pistol...

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