Narrell v. State

BRICKEN, Presiding Judge.

This is the second appeal in this case. 24 Ala. App. 149, 132 So. 45.

The appellant was originally indicted and tried for murder. On that trial he was convicted of manslaughter in the first degree. On the trial, from the judgment of conviction from which this appeal was taken, he was again convicted of manslaughter in the first degree, and was duly sentenced to seven years’ imprisonment in the penitentiary.

Without dispute or conflict the evidence disclosed that the defendant killed Bert Sweat, the deceased named in the indictment, by shooting him with a pistol. The…