SMITH v. STATE

SC 692.

292 So.2d 109 (1974)

Alex SMITH, Jr. v. The STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied April 11, 1974.


Attorney(s) appearing for the Case

Parker, Wilkinson & Purvis, Birmingham, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


FAULKNER, Justice.

In this case, it appears that if "voodoo dust" has any magical powers, and if the same had been obtained, a life may have been spared.

On June 7, 1973, Alvin Mason was shot by Alex Smith in the apartment of Donald Lee Wilburn, with a pistol. Mason died as a result of the wound. Smith was convicted of second degree murder by a Jefferson County jury. He was sentenced to 10 years in the State penitentiary. He appealed to the Court of Criminal...

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