State v. Barnes

LILES, Acting Chief Judge.

This appeal is brought by the state in a criminal case wherein the trial court granted the defendant’s motion for a new trial.

The defendant, Willie Cleveland Barnes, was charged with the crime of murder in the second degree. The homicide arose out of an altercation between defendant and one Solomon Fort. Defendant was arguing with Fort who was sitting in an automobile at the time. During the course of the argument, defendant struck Fort on the head with a pistol which discharged and killed Charles Green, who was sitting next to Fort in the automobile.

At the…