Caldwell v. State

HARWOOD, Justice.

Under an indictment charging murder in the first degree a jury found this appellant guilty of murder in the second degree and fixed his punishment at confinement in the penitentiary for thirty years. Judgment was entered pursuant to the verdict, and appellant’s motion for a new trial being overf-ruled, he perfected this appeal from • the judgment of conviction and the judgment on the motion for a new trial.

The evidence tends to show that the appellant has a parked trailer on Smith Lake in Cullman County, and often spent.weekends at the lake. He has a pistol range at his place…