McWilliams v. State

R.C. McWilliams was indicted for the attempted murder of Edmond Davis in violation of Alabama Code 1975, § 13A-4-2. A jury convicted him of the lesser included offense of first degree assault. The ten-year sentence was split conditioned upon the defendant serving one year in the penitentiary. Three issues are raised on appeal.

I

Ostensibly, the defendant shot Davis because he thought that Davis had stolen his wallet. Defense witness Robert Carr was present during the events leading up to and resulting in the shooting. On direct examination, defense counsel asked Carr, "In your opinion, was Tuby…