Turner v. State

CATES, Judge.

The cause was submitted May 6, 1965.

Turner was convicted 1 and sentenced to ten years imprisonment on a jury’s verdict of guilty of second degree murder.

The State waived electrocution as punishment and the defendant forewent the right to a special venire. Code 1940, T. 30, § 70. A majority of the panel in Burgess v. State, 256 Ala. 5, 53 So.2d 568 (hn. 8), seems to have approved the practice.

We have taken the following statement of facts from the appellant’s brief:

“ * * * Saturday * * * June [8], 1964 * * * James Lester Turner, * * * was living with * * * Mae Bell Williams. * * *

“…