Harbin v. State

CARR, Presiding Judge.

The appellant was indicted for the offense of murder in the first degree. The trial resulted in his conviction for manslaughter in the first degree and an imposition of ten years punishment in the state penitentiary.

The pertinent facts are accurately stated in the brief of appellant’s counsel. We will copy this delineation:

“The State’s testimony on the case in chief tended to show that on the 20th day of December, 1952, the Defendant, accompanied by Eva Mae Cagle, went to the Cedar Gap Barbecue Restaurant located about five (5) miles East of Huntsville, Alabama. When…