MALONE v. STATE

8 Div. 595.

421 So.2d 1357 (1982)

Kenneth Jerome MALONE, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 12, 1982.


Attorney(s) appearing for the Case

Robert S. Gargis and H. Alan. Gargis, Tuscumbia, for appellant.

Charles A. Graddick, Atty. Gen., and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


DeCARLO, Judge.

Murder; sentence: thirty years' imprisonment.

On the night of April 25, 1981, appellant shot and killed Sam Hogan, Jr. at the home of Sam Tompkins in Tuscumbia, Alabama. Appellant's trial testimony and statement to police indicated appellant shot the victim because he believed the victim was about to attack him with a knife, although appellant admitted he did not see a knife in the victim's possession. No other witness to the crime testified...

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