Holcey v. State

TYSON, Judge.

The Grand Jury of Lee County charged the appellant with the first degree murder of George Avery by shooting him with a gun or pistol. The Jury’s verdict found the appellant guilty of murder in the second degree and fixed punishment at twenty years’ imprisonment. The trial court entered its judgment in accordance with this verdict.

By stipulation, the State Toxicologist’s, Dr. Roper’s, testimony was “that George Avery died as a result of two bullet wounds, one in the head and the other in his chest.”

Shortly after 8:00 on the evening of September 8, 1972, the appellant, Eddie Davis…