Potter v. State

ALMON, Judge.

The original opinion is withdrawn and the following becomes the opinion of the court.

This is an appeal from a judgment of conviction of first degree manslaughter. Punishment was fixed by the jury at five years imprisonment in the penitentiary.

This is the second appeal of this case. See Potter v. State, 44 Ala.App. 376, 209 So.2d 856. We will not lengthen this opinion by a complete recitation of the facts since they are substantially the same as in the former trial with the exception that in the instant trial both appellant and his wife, Mamie Potter, testified for the defense;…