Bankhead v. State

CARR, Judge.

For the admitted killing of Wheeler Thompson, the appellant was convicted of manslaughter in the first degree. The accused claimed self defense.

In the state of the proof it was clearly for the jury to determine whether or not the defendant had a legal excuse to shoot the deceased.

The matter of a continuance of a cause in the lower court always addresses itself to the sound, enlightened discretion of the trial judge. Newman v. State, 30 Ala.App. 529, 9 So.2d 768. There was not an abuse of this privilege in denying the motion for a continuance because the appellant’s attorneys were…