SMITH v. STATE

3 Div. 294.

307 So.2d 47 (1975)

Charles Edward SMITH v. STATE.

Court of Criminal Appeals of Alabama.

January 17, 1975.


Attorney(s) appearing for the Case

Jasper B. Roberts, Montgomery, for appellant.

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


ALMON, Judge.

Appellant was indicted for the first degree murder of his ten week old son, Charles Edward Smith, Jr. To that indictment he plead not guilty and not guilty by reason of insanity. A jury found appellant guilty of second degree murder and fixed his punishment at forty-five years in the State penitentiary.

According to Mrs. Virginia Ann Smith, appellant's wife and mother of the deceased, she departed their home at approximately 2:30 P.M. leaving...

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