Walden v. State

RICE, Judge.

Appellant was put on trial under an indictment charging him with the offense of murder in the first degree; it being alleged, specifically, that he “unlawfully and with malice aforethought, killed Doyle Davis by shooting him with a pistol or gun, contrary to law and against 'the peace and dignity of the State of Alabama.” He was convicted of the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of ten years.

It was without dispute that appellant, the chief of police of the town of Altoona, in an altercation with…