McMurtrey v. State

HARWOOD, Judge.

This appellant has been adjudged guilty of manslaughter in the first degree under an indictment charging him with murder in the second degree of Harvey Ray Kennedy.

The evidence shows that the appellant had known the deceased in a rather casual way for about twenty-five years.

In addition to his regular job the appellant operated a fish bait business in Montgomery. About 6:30 A.M. on 19 September 1953 the deceased, who had been drinking, arrived at the fish bait place. He requested appellant to drive him to a nearby bootlegger’s, which appellant did. There they had several drinks…