Nept v. State

Janette Peoples Nept was indicted for the offense of murder, in violation of § 13A-6-2, Code of Alabama 1975. The jury found Nept guilty of the lesser included offense of manslaughter, and she was sentenced to 10 years' imprisonment. Three issues are raised on appeal.

I

Nept contends that the trial court erred in excluding evidence that the deceased allegedly had threatened Nept and had attacked Nept's brother with a broken bottle a week before she was killed. We disagree.

The trial court clearly allowed Nept's brother, Eddie Nathan, to testify twice in the jury's presence that the deceased,…