Moomaw v. State

The defendant was indicted for murder in the second degree. On his first trial he was convicted of manslaughter in the second degree. From this judgment he appealed and the judgment was reversed. Moomaw v. State, 23 Ala. App. 125, 121 So. 904. On this trial, proper pleas having been interposed, he was tried on the charge of manslaughter in the second degree, was convicted as charged, and a judgment rendered fixing his punishment at six months’ hard labor for the county and to pay a fine of $250, It is urged that this judgment is erroneous for that the judge in his charge to the jury only…