Johnson v. State

ALMON, Judge.

Leon Johnson was indicted for murder in the first degree. The indictment charged ■ that he killed his neighbor, Anna Ruth Downer, by shooting her with a rifle. The jury found him guilty of murder in the second degree and fixed his punishment at twenty years in the penitentiary.

The facts as set out in appellant’s brief, which were accepted as correct by the Attorney General, are as follows:

“The first witness called for the State of Alabama was Mr. Homer Downer the husband of the late Anna Ruth Downer. Mr. Downer testified that he and Mrs. Downer got up around S :00 or 5 :30 a. m.…