SCOTT v. STATE

3 Div. 423.

406 So.2d 1073 (1981)

John SCOTT v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 27, 1981.


Attorney(s) appearing for the Case

J. L. Chestnut, Jr. of Chestnut, Sanders, Sanders & Turner, Selma, for appellant.

Charles A. Graddick, Atty. Gen. and J. Thomas Leverett, Asst. Atty. Gen., for appellee.


TYSON, Judge.

John Scott was indicted for the first degree murder of Sammie Lee Bailey "by shooting him with a pistol." The jury found the appellant guilty of second degree murder, for which he was sentenced to 10 years' imprisonment.

Appellant's motions to exclude the state's evidence, to direct a verdict in his favor, and for a new trial were duly denied, hence this appeal.

On November 5, 1979, the appellant shot and killed Sammie Lee Bailey. The...

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