Nixon v. State

MERRILL, Justice.

The appellant John Nixon alias John Nix alias John Nicholson was indicted for murder in the first degree in that he was charged with having killed Aubrey Bar-field by shooting him with a gun. The jury found appellant guilty as charged and fixed *75his punishment as life imprisonment. Judgment and sentence were in accord with the verdict. A motion for a new trial was overruled and appellant prosecutes this appeal.

The shooting occurred on a Sunday afternoon in the spring of 1952 at the home of the witness John. Brooks in the Town of York, Alabama.

The evidence showed that there had…