Pate v. State

JOHNSON, Judge.

The appellant, Marion Pate, was indicted by the Grand Jury of Escambia County for the offense of murder in the first degree of Donald Hayes on October 2, 1962, shortly after midnight on Houston Street, or Highway 29, at Flomaton, Alabama. Upon trial, appellant entered a plea of not guilty and a plea of not guilty by reason of insanity and was found guilty of murder in the second degree and sentenced to ten years in the penitentiary. The trial court overruled appellant’s motion for a new trial and an appeal was taken to this court.

According to the testimony, the appellant and…