JOHNSTON v. STATE

7 Div. 650.

387 So.2d 891 (1980)

Homer Lee JOHNSTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 6, 1980.


Attorney(s) appearing for the Case

Andrew W. Bolt, II of Wilson, Propst, Isom, Jackson, Bailey & Bolt, Anniston, for appellant.

Charles A. Graddick, Atty. Gen., Joseph G. L. Marston, III, Asst. Atty. Gen., for appellee.


HARRIS, Presiding Judge.

Appellant was convicted of murder in the first degree, involving the death of his wife, and the jury fixed his punishment at life imprisonment in the penitentiary. Throughout the trial proceedings he was represented by counsel of his choice and at arraignment pleaded not guilty.

The evidence presented by the State is entirely circumstantial. When the State rested its case appellant moved to exclude the evidence on the ground the State...

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