Winters v. State

The appellant, Joseph Devern Winters, was convicted of attempted murder, a violation of §§ 13A-4-2 and 13A-6-2, Code of Alabama 1975. He was sentenced to 35 years in the penitentiary.

The state's evidence tended to show that at midnight on November 2, 1991, Lt. John Faile of the Tuscaloosa Police Department began his shift on patrol. At about 12:55 a.m., Faile received a report of a disturbance. In response, Faile proceeded to the location of the disturbance. He testified that when he drove up he saw a crowd of people and several cars in front of a house. He also testified that the crowd was…