Berness v. State

83 So.2d 607 (1953)

Francis Louis BERNESS

v.

STATE.

8 Div. 126.

Court of Appeals of Alabama.

September 8, 1953.

Rehearing Denied October 20, 1953.

T. Eugene Burts, Jr., Florence, for appellant.

Si Garrett, Atty. Gen., and L. E. Barton, Asst. Atty. Gen., for the State.

HARWOOD, Judge.

This appellant was indicted for, and found guilty of murder in the second degree.

The State's evidence tended to show that the appellant and Claud W. Wright were together in Florence on the morning of December 19, 1951.

The two rode around in appellant's automobile and during the morning drank beer and whiskey. At the last…