Almon v. State

Banke, Judge.

The appellant was indicted for murder and found guilty of voluntary manslaughter following a trial marked by much conflicting testimony. On appeal from the denial of his motion for new trial, he contends that the trial court erred in admitting evidence of an incriminating statement which he allegedly made to a deputy sheriff. He further contends that the court erred in considering evidence of prior criminal convictions during the pre-sentence hearing without having first disclosed to him its intention to do so. Held:

1. The appellant was arrested shortly after the killing by…