PAYNE v. STATE

8 Div. 38.

265 So.2d 185 (1972)

Charles Edward PAYNE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 28, 1972.


Attorney(s) appearing for the Case

Fred Blanton, Birmingham, for appellant.

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


ALMON, Judge.

This is an appeal from a judgment of conviction of murder in the first degree. The jury fixed the punishment at life imprisonment.

The State's evidence tended to show that on the night of May 16, 1967, the appellant was in the American Legion Hut on Triana Boulevard in Huntsville where drinks were being served. He was intoxicated and boisterous. John P. Wise, a part-time manager-bartender in the establishment...

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