Guy v. State

TYSON, Judge.

The indictment charges murder in the first degree. The jury returned a verdict of guilty of murder in the second degree, and judgment fixed punishment at seventeen years imprisonment.

The uncontroverted evidence established that on the night of October 31, 1970, at *295the appellant’s home in Cullman, Alabama, the appellant did kill one Kenneth McIntosh by shooting him with a pistol.

State’s witness, Thomas Dunn, testified that on the night in question he had a Halloween party at his home in Cullman County, Alabama. Among those attending the party were the deceased and his wife, and…