BARNES v. STATE

3 Div. 830.

361 So.2d 390 (1978)

Willie James BARNES v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 25, 1978.


Attorney(s) appearing for the Case

Richard D. Shinbaum, Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Jack M. Curtis, Asst. Atty. Gen., for the State, appellee.


TYSON, Judge.

The indictment in this case charged the appellant with unlawfully and with malice aforethought having killed Johnny James Tyner "by shooting him with a pistol." The jury returned a verdict of guilty of murder in the second degree, fixing punishment at fifteen years imprisonment. The trial court set sentence accordingly.

Officer Jay Hardy, a Montgomery City police officer, testified that, during the early morning hours of April 17, 1977, he and...

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