Williams v. State

CARR, Presiding Judge.

On an indictment charging murder in? the first degree the accused was convicted, of murder in the second degree and sen-*29fenced to serve fifteen years in the State penitentiary.

This is the second time this case has been before this court on appeal. See 34 Ala.App. 410, 42 So.2d 594.

According to the testimony of State’s witnesses, after dark in the late afternoon, the appellant was on the sidewalk of a street in a residential section of the City of Birmingham. His demeanor was peculiar and he appeared to be intoxicated. The deceased, Mr.' Hobgood, and his eight year old…