Weldon v. State

W. J. HARALSON, Supernumerary Circuit Judge.

The appellant was charged with the first degree murder of William James Wells, convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for ten years.

At the conclusion of the evidence offered by the State, the appellant moved to exclude because of the alleged failure of the State to prove venue. This motion was correctly overruled by the court since the record shows direct testimony offered by the State that the offense complained of happened in Birmingham.

At the conclusion of the oral charge to the jury, the…