MITCHELL v. STATE

5 Div. 198.

297 So.2d 383 (1974)

Webster MITCHELL, Jr., alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 4, 1974.


Attorney(s) appearing for the Case

Richard D. Lane, Auburn, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Roger M. Monroe, Sp. Asst. Atty. Gen., Birmingham, for the State.


BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent with appointed counsel here and in the nisi prius court, was indicted for second degree murder, convicted therefor, and sentenced by the jury to forty (40) years in the penitentiary. The victim was Jessie Maddox.

It appears from the evidence of the state that the appellant in the late afternoon of Sunday, April 29, 1973, left his home, armed with a kitchen butcher knife, and upon...

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