GUNTHARP v. STATE

8 Div. 372.

308 So.2d 722 (1974)

Charles E. GUNTHARP v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 1, 1974.


Attorney(s) appearing for the Case

Robert Straub, Noble J. Russell, Dan F. Nelson, Decatur, for appellant.

William J. Baxley, Atty. Gen., and George W. Royer, Jr., and George M. Van Tassel, Jr., Asst. Attys. Gen., for the State.


CATES, Presiding Judge.

Second degree murder: sentence, eighteen years in the penitentiary.

Guntharp allegedly, in conjunction with Stewart Weaver, killed James Floyd Davis by shooting him with a pistol. The grand jury charged them both in one indictment. They were tried separately. Code 1940, T. 15, § 319.

The tendency of the State's evidence was that appellant and his employee, Weaver, took Davis for a ride. One, or the other, shot Davis—...

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