Montgomery v. State

This is the second appeal in this case, the first appeal being reported in 17 Ala. App. 469, 86 So. 132 Montgomery v. State. In the instant case the defendant was placed on trial on a charge of murder in the second degree. He was found guilty of manslaughter in the first degree, and his punishment fixed at five years in the penitentiary.

There was no error in refusing to give the written affirmative charge requested by the defendant. The record recites:

"This was all the evidence offered by the defendant, except that of the witness Oscar Roan, and this was all the evidence offered in the trial…