Stallings v. State

RICE, Judge.

Appellant, tried under an indictment charging him with the offense of murder in the first degree, was convicted of the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of ten years.

It was admitted that he shot with a shotgun — which we know to be a deadly weapon — and killed, one Lawrence Rogers. In view of this, we quote and adopt, as being in all respects applicable here, the portion of our opinion in the case of Coates v. State, 29 Ala.App. 616, 199 So. 830, as follows, to-wit:

“As we said in the opinion in the…