BARTON v. STATE

6 Div. 138.

387 So.2d 244 (1980)

Charles Garlon BARTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 27, 1980.


Attorney(s) appearing for the Case

Roderick Beddow, Jr., of Beddow, Fullan & Vowell, P. A., Fred Blanton, Birmingham, for appellant.

Charles A. Graddick Atty. Gen., M. Clayton Humphries, Jr., Asst. Atty. Gen., for appellee.


LEIGH M. CLARK, Retired Circuit Judge.

A jury found appellant guilty of murder in the first degree of his ex-wife, Cathy Barton, and fixed his punishment at imprisonment for life. A judgment of conviction and sentence was rendered accordingly. He had pleaded not guilty and not guilty by reason of insanity.

The undisputed evidence shows conclusively that defendant killed the alleged victim with a pistol with which he was armed on the occasion of his returning...

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