Diamond v. State

This is the second appeal in this case. The case on the first appeal was considered by the Court of Appeals, and is reported in 22 Ala. App. 410, 116 So. 312-314, where a statement of the facts appears. In addition to what is there stated, on the last trial, evidence was offered going to show that the defendant, at the time of the difficulty, was 17 years of age, and was larger than the deceased, who was only 14, and about the time of ’ the assault, or immediately before, defendant made a threat that he would kill the deceased.

The witness Dr. Vansant, who was called to administer to the…