RAILEY v. STATE

CR-95-0850.

710 So.2d 477 (1996)

Jack Brian RAILEY v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand April 18, 1997.

Rehearing Denied June 20, 1997.


Attorney(s) appearing for the Case

Irvin Harry Lyon, Pelham, for appellant.

Jeff Sessions and Bill Pryor, attys. gen., and LaVette Lyas-Brown, asst. atty. gen., for appellee.


LONG, Judge.

The appellant, Jack Brian Railey, was convicted of manslaughter, a violation of § 13A-6-3, Ala.Code 1975. He was sentenced to serve 168 months in the penitentiary.

The state's evidence tended to show that the appellant shot and killed his girlfriend, Constance A. McClenny, during an argument. (R. 33-34, 358.) The appellant maintained that the shooting was an accident. He testified that he had taken the clip out of a.25 caliber automatic pistol...

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