Magro v. State

The defendant was indicted for the first degree murder of Russell Dewitt McWhorter. A jury found him guilty of murder in the second degree and set punishment at ten years' imprisonment. The first degree murder conviction of George Warren Reese, the principal in this murder, was affirmed by this Court in Reese v. State, Ala.Cr.App., 381 So.2d 107 (1980).

I

The State's evidence tended to show that at approximately 9:00 on the evening of Friday, January 26, 1979, fourteen year old Carla Reid and her sister, Cindy, arrived at the Cross Roads Club in Jefferson County. Shortly after their arrival…