Carr v. State

PRICE, Presiding Judge.

Appellant, defendant below, was indicted for murder in the first degree for the killing of John Y. Hilton. At the trial he interposed pleas of not guilty and not guilty by reason of insanity. He was convicted of murder in the second degree and was sentenced to the penitentiary for a term of twenty years. He appeals.

John Y. Hilton, a police officer of the City of Haleyville, Alabama, was shot and killed in the evening of October 6, 1964.

Mr. Charles Benefield, a police radio operator, testified he saw Mr. Hilton at the Rebel Restaurant in Haleyville about 9:00 P.M. They…