Biggs v. State

TYSON, Judge.

The indictment charged James Biggs with the first degree murder of Earnest Boney, by shooting him with a pistol, contrary to the provisions of § 13A-6-2, Code of Alabama 1975. The jury found the appellant “guilty of manslaughter” and after polling the jury and setting the cause for sentencing hearing, the trial court set sentence at five years’ imprisonment in the penitentiary.

Because reversible error appears from the exception to the trial court’s oral charge and in the refusal of certain requested written charges which are correct statements of law, we pretermit consideration…