Lovejoy v. State

CARR, Judge.

This is the third appeal in this case. Lovejoy v. State, 31 Ala.App. 244, 15 So. 2d 300; Lovejoy v. State, 32 Ala.App. 110, 22 So.2d 532.

In the former opinions will be found a sufficient delineation of the evidence to suffice for the purposes of this opinion.

In the instant case the trial resulted in a conviction for murder in the second degree and the imposition of ten years’ punishment.

In his opening statement to the jury the solicitor read the indictment without any comment. Appellant’s attorney stated in response that the defendant "pleads not guilty and he pleads not guilty by…