Bailey v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

This is the second appeal in this cause. The second trial fixed the appellant's punishment at five years imprisonment.

The facts on the first appeal in 40 Ala. App. 95,112 So.2d 505, suffice here.

Appellant argues that there is no evidence that she did anything other than defend herself from the deceased's unprovoked assault with a deadly weapon. Mr. L.M. Godwin, a Tuskegee policeman, testified that after the killing the appellant stated she was walking down the…