O'NEAL v. State

The appellant was indicted and tried for intentional murder in violation of § 13A-6-2, Code of Alabama 1975. A jury subsequently found him guilty of the lesser included offense of manslaughter. Upon appeal to this court, we reversed the conviction and remanded the case for a new trial. O'Neal v. State,461 So.2d 54 (Ala.Cr.App. 1984). At his second trial, the appellant was prosecuted for manslaughter under the original indictment charging intentional murder. He was again found guilty of manslaughter and was sentenced to ten years' imprisonment. Four issues are raised on this appeal.

I

The…