Poellnitz v. State

TYSON, Judge.

The indictment charges murder in the first degree. Appellant was convicted of murder in the second degree, resulting in sentence of fifty years in the penitentiary.

The evidence is undisputed that on May 7, 1970, the appellant, Briscoe Guy Poellnitz, shot and killed one Robert Bolar with a twenty-two caliber rifle. The incident occurred in the Yearlingville community in Baldwin County, Alabama.

Bertha Bolar, wife of the deceased, testified that on the date in question the deceased went outside their house and stood on the steps outside the back'door; that the deceased then remarked…