Carmichael v. State

TYSON, Judge.

The Grand Jury of Calhoun County, Alabama, indicted the appellant for the first degree murder of Bobby Harris by shooting him with a pistol. The Jury found the appellant guilty of murder in the second degree, and its verdict and judgment fixed punishment at ten years imprisonment in the penitentiary.

Between 2:00 and 3:00 a. m. on the morning of May 20, 1972, the deceased and his wife, Frances Harris, were overheard having an argument in their duplex apart ment by the next door neighbors, Dorothy Hutchinson and her mother, Mary Hutchinson.

Dorothy Hutchinson testified that her…