Bailey v. State

CATES, Judge.

This is the second appeal in this cause. The second trial fixed the appellant’s punishment at five years imprisonment.

The facts on the first appeal in 40 Ala. App. 95, 112 So.2d 505, suffice here.

Appellant argues that there is no evidence that she did anything other than defend herself from the deceased’s unprovoked assault with a deadly weapon. Mr. L. M. Godwin, a Tuskegee policeman, testified that after the killing the appellant stated she was walking down the road with a knife open in her hand. This statement, which would support an inference of aggression, when considered…