SMITH v. STATE

1 Div. 72.

380 So.2d 345 (1980)

Roy Allen SMITH, Sr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 26, 1980.


Attorney(s) appearing for the Case

Charles H. Morris, III, of Morris & Faile, Selma, for appellant.

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


BOWEN, Judge.

The defendant was indicted for the first degree murder of his son, Roy Allen Smith, Jr. A jury convicted him of murder in the second degree and set punishment at twenty years' imprisonment.

I

The defendant maintains that the only eyewitness to the homicide, Elizabeth Ann Smith, was so mentally defective as to be incompetent to testify as a witness.

Prior to the actual trial of the case, the trial court conducted a hearing to...

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