Irvin v. State

TYSON, Judge.

Appellant was indicted and convicted for the murder of James Richard Fielden, Jr. by shooting him with a pistol in violation of Ala.Code § 13A-6-2 (Supp.1977). The trial court fixed his punishment at twenty-five years’ imprisonment in the state penitentiary-

The sufficiency of the state’s evidence is not questioned. Briefly stated, appellant shot the deceased in the back of the head around 3:00 a. m. on October 8, 1980 at the state fairgrounds in Birmingham. The deceased had been arguing with his girlfriend, Carrie Hancock, and had slapped her causing her to scream. Appellant and…