Smith v. State

Richmond Clayton Smith was indicted for the intentional killing of one Charles Franklin Simmons by "shooting him with a rifle and/or pistol", in violation of § 13A-6-2, Code of Alabama 1975. The jury found the appellant "guilty of murder as charged" and following a sentencing hearing, the trial court fixed punishment at 15 years in the penitentiary.

The appellant does not challenge the weight and sufficiency of the evidence. Therefore, rendering a complete statement of facts is unnecessary. The facts necessary for a discussion of the issues are set out within appellant's issues presented for…