Lucky v. State

HARALSON, Supernumerary Circuit Judge.

The appellant was indicted, tried, and convicted of murder in the first degree and sentence fixed at imprisonment for life. From this judgment of the lower court he has appealed.

No motion to exclude the evidence was made by appellant in the trial court nor request for the affirmative charge but a motion for a new trial was filed after the verdict and overruled later by the court.

The State relied upon three eye witnesses, Willie Jackson, Robert Miller, and Harriett Miller, to the shooting and killing of Walter Ray Snoddy at the home of Harriett Miller in…