Pardue v. State

W. J. HARALSON, Supernumerary Circuit Judge.

On application for rehearing the original opinion is withdrawn and the following becomes the opinion of the Court:

The appellant was tried for murder in the first degree, convicted of murder in the second degree and sentenced to imprisonment in the penitentiary for thirty years.

At the conclusion of the evidence offered by the State, the appellant made a motion to exclude which was overruled by the court.

The substance of the testimony offered by the State was as follows:

On the night of April 24, 1972, the appellant appeared at the mobile home occupied…