Murray v. State

' BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant, represented here and at his trial by court-appointed counsel, was convicted of murder in the second degree. His punishment was fixed at ten years in the penitentiary. He appeals from the judgment entered pursuant to the jury’s verdict.

It appears from the evidence that the victim of the homicide, Mack Hoffman, was at the home of appellant’s sister where he lived on November 16, 1970, in Macon County, Alabama, at about 3 :00 P.M. when *592the deceased received a bullet wound. The bullet was fired from a defective rifle of small caliber and…