GRACE v. STATE

7 Div. 120.

266 So.2d 310 (1972)

John Clifford GRACE, alias v. STATE.

Court of Criminal Appeals of Alabama.

On Rehearing July 12, 1972.

Rehearing Denied August 1, 1972.


Attorney(s) appearing for the Case

Burns, Carr & Shumaker, Centre, for appellant.

William J. Baxley, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

Appellant, John Clifford Grace, stands convicted of murder in the second degree. His punishment was fixed at ten years in the penitentiary.

The evidence tends to show that during the evening of October 4, 1970, the deceased, Henry Grady Benson, and defendant were at the home of Coleman Gossett, in Centre, Alabama. State's witness Gossett testified the three men were drinking whiskey; that he sat on the bed and went to sleep about seven...

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