Munson v. State

GARDNER, Chief Justice.

The appeal is from a judgment of con■viction for murder in the first degree with infliction of the death penalty.

The evidence for the State tended to show that defendant and one Walton went into Will Geer’s store at Ensley, Alabama, between the hours of 7:30 and 8 o’clock on the night of January 30, 1947, for the purpose of robbery; that defendant was masked and with pistol in hand told Will Geer “this is a holdup, this is a stick-up, get up, stand up and turn around.” Geer stood up and as defendant walked towards him Geer “grabbed him and threw him around,” defendant…