Malone v. State

Murder; sentence: thirty years' imprisonment.

On the night of April 25, 1981, appellant shot and killed Sam Hogan, Jr. at the home of Sam Tompkins in Tuscumbia, Alabama. Appellant's trial testimony and statement to police indicated appellant shot the victim because he believed the victim was about to attack him with a knife, although appellant admitted he did not see a knife in the victim's possession. No other witness to the crime testified that they saw the victim threaten or appear to attack appellant in any way. The sufficiency of the evidence is not raised as an issue on appeal.

I

Appellant…