Foster v. State

The appellant, Billy Foster, was indicted by the Baldwin County grand jury for murder, a violation of § 13A-6-2, Code of Alabama 1975. After a jury trial, he was found guilty of the lesser included offense of criminally negligent homicide. He was sentenced to one year in the Baldwin County jail and was fined $5,000. The appellant presents two issues on appeal to this court.

I

The appellant first contends that the circuit court abused its discretion when it denied his motion for a mistrial based upon alleged prejudicial events which occurred in the presence of the jury. The appellant…