McCullough v. State

CATES, Judge.

This is an appeal from the Jefferson Circuit Court from a judgment of guilt, together with an appeal from a judgment denying a motion for a new trial.

A petty jury in the Circuit Court found McCullough guilty of mayhem and fixed his punishment at twenty years’ imprisonment in the penitentiary. This case is a companion case to Mabry v. State, Ala. App., 110 So.2d 250.

The facts set forth in the Mabry opinion are incorporated herein by reference as the facts for this case, with the following supplement: (1) The tendency of the State’s evidence here was that McCullough was the person…