Berness v. State

113 So.2d 178 (1958)

Francis Louis BERNESS

v.

STATE.

8 Div. 901.

Court of Appeals of Alabama.

January 28, 1958.

Rehearing Denied March 18, 1958.

Baker & Burts, T. Eugene Burts (Jr.,) Florence, for appellant.

John Patterson, Atty. Gen., Edmon L. Rinehart and Geo. Young, Asst. Attys. Gen., for the State.

PRICE, Judge.

Appellant was indicted jointly with one Wright for the offense of murder in the second degree. On motion of defendant a severance was granted and defendant was tried first. The trial resulted in a conviction for the offense charged and a sentence to the penitentiary for a term of fifteen…