Bankston v. State

Petitioner was convicted of murder in the second degree and his punishment was fixed at imprisonment in the penitentiary for twenty-five years. The Court of Criminal Appeals affirmed the conviction. We granted certiorari to determine whether the petitioner was entitled to offer evidence of the reputation of the deceased for being violent, turbulent, and bloodthirsty. We hold that he was and reverse.

Petitioner was involved in a three-party gun battle which took place on December 18, 1975, near Street's Restaurant on Highway 31 in Autauga County, Alabama. The battle was between petitioner, the…