Ward v. State

497 So.2d 571 (1986)

Bobby Lee WARD

v.

STATE.

6 Div. 618.

Court of Criminal Appeals of Alabama.

March 11, 1986.

Rehearing Denied April 8, 1986.

Arthur Parker, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and David B. Karn, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Bobby Lee Ward was indicted for murder in the first degree in violation of Title 14, § 314, Code of Alabama 1940 (Recompiled 1958). The jury found the appellant "guilty of the lesser included offense of murder in the second degree" and he was sentenced to 50 years' imprisonment in the penitentiary.

On the evening of August 3,…