Napier v. State

This case is between the same parties and relates to the same victim of an alleged homicide by defendant as Napier v. State, Ala.Cr.App., 357 So.2d 1001 (1977), rev'd, Ala., 357 So.2d 1011 (1978), on remand, Ala.Cr.App., 357 So.2d 1014 (1978).

In the cited case defendant had been convicted of murder in the first degree of David Archie Owings. His conviction was affirmed by this Court, but this Court's decision was reversed by the Alabama Supreme Court, which held that the evidence was not sufficient to sustain a conviction of murder in the first degree. On authority of the Alabama Supreme…