McKee v. State

Upon a reconsideration of this cause, on rehearing, we have reached a conclusion contrary to that expressed in our original opinion. The former opinion is, therefore, set aside and withdrawn, and the opinion following is substituted therefor.

This is the second appeal of this cause. 33 Ala. App. 171,31 So.2d 656, certiorari denied 249 Ala. 433, 31 So.2d 662.

At the trial incident to this appeal the accused was convicted of manslaughter in the first degree.

Judge Harwood, for this court, set out the evidence in the former opinion with considerable care and in much detail. In the main, the…