Wheat v. State

JOHNSON, Judge.

Appellant was indicted by the Grand Jury of Madison County, Alabama, on November 16, 1962, for the offense of murder in the first degree. Upon a plea of not guilty, a jury found appellant guilty of murder in the second degree and sentenced him to twenty years imprisonment in the State penitentiary as punishment therefor. Upon the denial of a motion for new trial and from this judgment, appellant makes this appeal.

The tendency of the evidence was as follows :

Edwin Franklin Womack, Jr., the State’s first witness, testified that he was a student at Georgia Tech on a co-operative…