Bennett v. State

LIVINGSTON, Justice.

The appellant was indicted for murder in the first degree, and upon trial in the Circuit Court of Russell County, Alabama, was convicted of murder in the second degree, and his punishment fixed at 25 years imprisonment in the penitentiary. From the judgment of conviction and sentence rendered thereon, he prosecutes this appeal.

The evidence for the State tended to show that Allen Jackson, Jr., a negro man, met his death at “Stewart’s Place,” a dance hall in Phenix City, Russell County, Alabama, at about 6:30 p. m. on November 11, 1945, as a result of stab wounds inflicted…