Payne v. State

Appellant was tried on an indictment charging him with the murder of Clyde Davis. The jury convicted appellant of manslaughter in the second degree, fixing punishment "at imprisonment in the County Jail for 12 months and a fine of $500.00"; the trial court sentenced him accordingly.

During the early hours of Sunday, April 15, 1979, appellant, his brother, and two others were riding around in appellant's automobile, after appellant had closed his service station at the intersection of Southern By-Pass and I-65 in Montgomery. After riding to various locations, they had started back to…