Berness v. State

PRICE, Judge.

Appellant was indicted jointly with one Wright for the offense of murder in the second degree. On motion of defendant a severance was granted and defendant was tried first. The trial resulted in a conviction for the offense charged and a sentence to the penitentiary for a term *201of fifteen years. The case was appealed to this court where it was reversed and remanded. Berness v. State, 38 Ala.App. 1, 83 So.2d 607. Judgment was affirmed by the Supreme Court. Berness v. State, 263 Ala. 641, 83 So.2d 613.

When the case came up for trial the second time on April 2, 1956, appellant filed…