Williams v. State

CARR, Judge.

This is the second appeal of this cause. Williams v. State, 32 Ala.App. 597, 28 So.2d 731. After remandment and on retrial in the court below, the appellant was convicted of manslaughter in the first degree.

From the aspect of the State’s presentment, the evidence on the two trials does not vary in the main.

The court, in his oral instructions, limited the degrees of homicide to murder in the second degree and manslaughter in the first degree. The appellant requested in writing that the court charge that manslaughter in the second degree was also included. This tender was refused.

“Ma…