Carpenter v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found appellant-defendant guilty of murder in the second degree and fixed his punishment at imprisonment for twenty-five years. He was sentenced accordingly. The indictment alleged:

“The Grand Jury of said County charge that before the finding of this indictment, Billy Wayne Carpenter, whose name is to the Grand Jury otherwise unknown, unlawfully, and with malice aforethought, killed Oscar Carden by shooting him with a pistol against the peace and dignity of the State of Alabama.”

One of the five contentions for a reversal is stated in appellant’s…