Whitehead v. State

The appellant was indicted by the grand jury on a charge of murder and was tried and convicted of manslaughter at the September 1962 Term of the Circuit Court of Madison County, and was sentenced to serve a term of seven years in the state penitentiary. From that judgment he prosecutes this appeal.

The killing occurred near a crossroads store about three miles east of the Town of Flora on July 21, 1962, sometime after the noon hour. The appellant and James Smith, the deceased, had been fishing in a nearby lake during the morning. The appellant had with him a .25 calibre Beretta automatic…