Lassiter v. State

BONE, Judge.

The appellant was tried in the Circuit Court of Conecuh County under an indictment for second degree murder. Upon trial he was found guilty of manslaughter in the first degree by the jury and was sentenced to imprisonment for a term of two years. Appellant’s motion for a new trial having been overruled, his appeal is taken to this court.

This is the second appeal of this case. 36 Ala.App. 695, 63 So.2d 222. On the former appeal the case was not considered *289on its merits, but was reversed because of irregularities relative to the excusing of jurors.

Upon the former trial the…