Payne v. State

LAWSON) Justice.

■ Ploward Kennamer was shot to death on Decembe'f. 10, 1952, in the store of Archie Russell in the Elon community, Madison County, Alabama. Joe Ed Payne was jointly indicted with his son Charles for the first degree murder of Kennamer. On motion of Joe Ed Payne, a severance was ordered and he was tried separately.

The jury returned a verdict of murder in the second degree and fixed punishment at imprisonment in the penitentiary for a term of twenty-five years. Judgment was in accord with the verdict. His motion for a new trial having been overruled and denied, Joe Ed Payne has…