Johnson v. State

PRICE, Presiding Judge.

Appellant was convicted of an assault with intent to murder his former wife. His punishment was fixed at five years in the penitentiary.

This is a second appeal in this case. Johnson v. State, 42 Ala.App. 511, 169 So.2d 773. The facts were fully set out in the opinion on the first appeal and are adopted as the facts of this case.

Defendant’s pleas were not guilty and not guilty by reason of insanity. At the conclusion of the testimony the state moved to exclude the evidence on the plea of insanity. The court charged the jury:

“Gentlemen of the jury: The State has made a…