Stephens v. State

LAWSON, Justice.

The appeal is from a conviction of murder in the second degree, with punishment fixed at imprisonment for twenty-five years. This is the second appeal. We reversed the former conviction. Stephens v. State, 250 Ala. 123, 33 So.2d 245.

It is unnecessary to set out here the tendencies of the evidence for the State •and the defendant. Suffice it to say that the evidence found in the record on the present appeal is substantially the same as that set forth in the former opinion. The defendant did testify on the second trial, but his evidence was to the same effect as that of the…