McBee v. State

LEIGH M. CLARK, Supernumerary Circuit Judge.

Appellant was convicted of murder in the first degree of his ten-month-old son. He had entered a plea of not guilty to an indictment charging him and his wife, Frances I. McBee, with the crime. The jury that found him guilty fixed his punishment at life imprisonment. The trial court duly rendered judgment and sentence accordingly, from which this appeal is taken.

Frances McBee, wife of appellant, testified that on the morning of March 18, 1972, appellant left the house where they were living in Dothan, Alabama, and returned in about twenty or thirty…