Helton v. State

Timothy Eugene Helton was indicted for the capital offense of murdering one Leon Winterstein during a robbery or attempt thereof in violation of § 13A-5-31 (2) Code of Alabama 1975 (which has been repealed and replaced by § 13A-5-40 (a)(2)).

The jury found the appellant "guilty of murder as charged in the indictment" and the trial judge set sentence at life imprisonment in the penitentiary.

On March 6, 1981, the deceased, Leon Winterstein, called his wife from work and said he did not know when he would be home and for her not to wait up for him.

That night, at approximately 9:00 p.m.,…