Boggs v. State

GOODWYN, Justice.

The appellant, Columbus Boggs, alias Richard English, was convicted of murder in the first degree and sentenced to death by electrocution. His appeal to this court is under the provisions of the automatic appeal statute. Act No. 249, approved June 24, 1943, p. 217; Code 1940, Tit. 15, § 382 (1), et seq., 1955 Cum.Pocket Part.

The indictment charges that appellant “unlawfully and with malice aforethought killed M. L. Chance, by shooting him with a pistol, against the peace and dignity of the State of Alabama.” Appellant pleaded “not guilty.”

The evidence clearly shows that…