McConico v. State

James McConico, Jr. was charged with the murder of one Ricky Morton, by shooting him with a pistol, in violation of §13A-6-2, Code of Alabama 1975. The jury found the appellant "guilty of murder" and following a sentencing hearing, the trial court fixed punishment at life imprisonment pursuant to the Alabama Habitual Felony Offender Act.

Sharon Mitchell testified that on May 23, 1983, at approximately 8:30 a.m., the appellant came to the residence of his estranged wife, Brenda McConico. She stated that Mrs. McConico was living in the home with her brother, Ricky Morton, and Mitchell. She said…