Wingard v. State

SIMPSON, Justice.

The defendant, Lester Wingard, has appealed from a sentence of death for killing Herbert Athey. In addition to the plea of not guilty, he interposed the plea of not guilty by reason of insanity.

Few exceptions, none meritorious, were reserved pending trial and right to a reversal is rested upon the argument that the trial court erroneously refused to grant his motion for a new trial.

The evidence disclosed that one Saturday afternoon at Ramer, Alabama, the defendant, under the influence of whiskey, though not drunk, appeared on one of the streets boisterous and disorderly. He…