Howington v. State

TYSON, Judge.

Paul William Howington, Jr., was indicted for the murder of Gary Wayne Garren, in violation of § 13A-6-2, Code of Alabama 1975. The jury found the appellant guilty of the lesser included offense of manslaughter, and he was sentenced to 20 years’ imprisonment in the penitentiary.

I

During the direct examination of the appellant’s girlfriend, she referred to an argument that she and the appellant had had the night before the victim was killed. The following occurred during her testimony:

“A. We got to his [the appellant’s] house and he was drunk, he had passed out for a while and he…