Boggs v. State

COLEMAN, Justice.

This is the second appeal in this case. 268 Ala. 358, 106 So.2d 263. After remandment, appellant was tried, convicted of murder in first degree, and sentenced to death by electrocution for killing M. L. Chance by shooting him with a pistol in Dallas County.

On the afternoon of September 5, 1957, the body of deceased was found lying under a counter in his store on the Selma-Summerfield highway. The salient facts shown by the record are these:

Mrs. M. L. Chance, widow of deceased, testified that a .38 Smith & Wesson pistol and holster, marked PLAINTIFF’S EXHIBIT 1, belonged to…