White v. State

This is the second appeal in this case. White v. State,18 Ala. App. 96, 90 So. 63.

The indictment charged the defendant with second degree murder. On the former trial he was convicted for manslaughter in the first degree, but the judgment of conviction was reversed by this court (White v. State, supra), and the cause remanded.

On this trial in the court below the defendant filed a plea of former acquittal of murder in the second degree; the plea being confessed by the state, the trial proceeded upon the charge of manslaughter in the first degree.

Throughout the entire trial no exception was…