Hope v. State

TYSON, Judge.

The indictment charged Bobby Joe Hope with the first degree murder of Louie Earl Jones “by drowning him.” Following a jury trial, appellant was found guilty of murder in the first degree and punishment fixed at life imprisonment. The trial court set sentence accordingly. The first appeal of this cause was reversed in an opinion in which certain facts are reported as Hope v. State, Ala.Cr.App., 378 So.2d 745, cert. denied, Ala., 378 So.2d 747 (1979). This appeal is from a second trial under the indictment in question.

The appellant’s brother, Phillip Stanley Hope, was also charged,…