Hutchinson v. State

PRICE, Judge.

Oliver L. I-Iutchinson appeals from a ■conviction of murder in the second degree and a sentence of ten years in the penitentiary.

The evidence is without dispute that defendant killed Mack Roland by shooting him with a shotgun. The killing occurred at the home of Fannie Askew, in Roanoke, Alabama, about 5 o’clock, P.M., on October 16, 1957.

The evidence for the state tends to show: That defendant and Mack Roland had an argument over a card game at the home of Robert McPherson about 12:30 the day of the killing. Sam Hill was also present.

Shortly before the killing defendant,…