Averette v. State

Appellant, Shelley A. Averette, was indicted by a Talladega County Grand Jury in May 1984 for the intentional killing of James E. Garnett, in violation of § 13A-6-2, Code of Alabama 1975. On March 31, 1984, a jury adjudged appellant guilty as charged in the indictment and the court subsequently sentenced him to 40 years in the penitentiary upon application of the Habitual Felony Offender Act.

The State's evidence established that the victim was killed by a shotgun blast to the mid-stomach area. Both briefs assert that the victim was "seated in the defendant's automobile"; however, the record…