Coates v. State

RICE, Judge.

Appellant was convicted of the offense of murder in the second degree,' and his punishment fixed at imprisonment in the penitentiary for a term of fifteen years. It was shown, we may say without dispute, that he killed Jesse Evans by cutting him ■with a knife — which we know to be a deadly weapon.

As we said in the opinion in the case of Grays v. State, 28 Ala.App. 394, 185 So. 191, we repeat, here: “The evidence in this case is, without dispute, that the homicide was committed by the use of a deadly weapon; where such is the case, the proof of the use of a deadly weapon raises the…