DARBY v. STATE

7 Div. 134.

265 So.2d 449 (1972)

Henry Alexander DARBY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 1, 1972.


Attorney(s) appearing for the Case

Love, Love & Caldwell, Talladega, for appellant.

William J. Baxley, Atty. Gen., and John A. Yung, IV, Asst. Atty. Gen., for the State.


TYSON, Judge.

The Grand Jury of Talladega County indicted the appellant for unlawfully and intentionally, but without malice, killing one Albert McElrath by driving an automobile over him. Jury verdict, judgment, and sentence fixed punishment at one year and one day imprisonment in the State penitentiary.

Alex Mitchell testified that he had been at the IGA store located at the intersection of West Park and Hammett Streets in Sylacauga, Alabama, shortly after...

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