Lakey v. State

This defendant was originally indicted for murder in the first degree, and the first trial of this case resulted in a conviction of murder in the second degree and a sentence to 40 years imprisonment in the penitentiary. On appeal from said judgment the Supreme Court of this state reversed same and remanded the cause. Lakey v. State, 206 Ala. 180, 89 So. 605.

Hpon the second trial .in the court below the state confessed the defendant’s plea of autrefois acquit as to murder in the first degree, and he was put upon trial for the lesser offenses comprehended and included in the indictment. He was…