Miller v. State

PRICE, Judge.

The appellant, Charlie Miller, was dieted for the murder of Howard Jenkins. His trial resulted in a conviction for murder in the second degree and his punishment was fixed at imprisonment in the penitentiary for ten years.

For the State Dr. Ernest Plank, an Anniston physician, testified that at approximately 8 o’clock A.M. on April 2, 1955, he treated both deceased and appellant in the emergency room of the Anniston Memorial Hospital. Deceased had a “puncture wound of the lower right chest about three inches to the right of the mid-line in the tenth right interspace.” The bullet…