Wesley v. State

BRICKEN, Presiding Judge.

The indictment upon which appellant (defendant) was tried, charged him with the offense of manslaughter in the first degree in that he said “Joe Wesley unlawfully and intentionally, but without malice, killed Willie Godwin by stabbing him with a screw driver, against the peace and dignity of the State of Alabama.”

The trial resulted in the conviction of defendant for the offense of manslaughter in the second degree and the punishment fixed by the jury was hard labor for the county for twelve months. He was accordingly sentenced by the court.

It appears, without…