Lovejoy v. State

BRICKEN, Presiding Judge.

Originally this appellant (defendant) was indicted for the offense of murder in the first degree; and, upon trial was convicted of murder in the second degree, which verdict of the jury, and the judgment of conviction operated as the acquittal of the defendant of the offense of murder in the first degree.

The appeal from the judgment of conviction, above referred to, resulted in a reversal thereof, and a remandment of the cause to the court below by this court. Lovejoy v. State, 31 Ala.App. 244, 15 So.2d 300.

When .the case was again called for trial in the lower court,…