Davis v. State

Appellant was indicted for murder in the first degree, and was con vieted of murder in the second degree; but upon appeal to this court the judgment of conviction was reversed. Davis v. State, 214 Ala. 273, 107 So. 737.

Upon the second trial defendant interposed a plea of acquittal of murder in the first degree, which was confessed by the state, and of course the trial properly proceeded before the venire regularly drawn for the week. Defendant’s exception as to the refusal of a special venire was therefore without merit.

The defendant was charged with killing one Howell, which was admitted,…