McMurtrey v. State

HARWOOD, Presiding Judge.

This appellant in his original trial was convicted of manslaughter in the first degree under an indictment charging murder in the second degree. On appeal the judgment entered in the original trial was reversed because of certain rulings on the admission of evidence. See McMurtrey v. State, 37 Ala.App. 656, 74 So.2d 528.

In this second trial, by proper instructions of the court, the issue was submitted to the jury on the charge of manslaughter in the first degree. The jury found the defendant guilty of this charge, and this appeal is from the judgment entered pursuant…