Lovell v. State

SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant was indicted for murder in the first degree, tried therefor and convicted of murder in the second degree with sentence fixed by the jury at fifteen years imprisonment. This is an indigent appeal from the judgment of the court pursuant to the verdict of the jury.

The victim of the homicide was Howard Thompson who, on July 12, 1969, the date of the homicide, operated a fringe restaurant at or near Pell City, Alabama. The homicide occurred at the site of the restaurant under such circumstances, we think, as to justify the jury’s verdict.

A…