Scott v. State

The appellant was indicted for second degree murder of Ervin Lee Black by shooting him with a .410 single barrel shotgun. The jury found the appellant guilty "as charged in the indictment" and fixed punishment at ten years in the penitentiary. The trial court then entered judgment in accordance with this verdict.

Mobile Police Officer William C. Fowler testified that in response to a radio dispatch, he went to 353 Cherry Street, about 1:30 a.m., on the morning of October 26, 1975. Officer Fowler stated that upon his arrival, he found a black male lying "face down" in the street "almost in…