Petty v. State

HARWOOD, Presiding Judge.

This appellant, James A. Petty, was indicted for murder in the first degree for the death of Virgil S. Sasser.

His trial resulted in a verdict and judgment of guilty of manslaughter in the first degree.

Appellant’s motion for a new trial was overruled, and an appeal was perfected to this court.

The evidence presented in the court below tended to show that at the time of the killing the appellant was a sergeant in the army stationed at Fort Benning, Georgia, and that his wife and children were residing in Crenshaw County, Alabama.

On the day of the killing the appellant…