King v. State

Alabama Court of Appeals

King v. State

180 So. 339, 28 Ala. App. 177, 1938 Ala. App. LEXIS 107

CourtAlabama Court of Appeals

DecidedApril 5, 1938

Docket8 Div. 634.

StatusPublished

This text of 180 So. 339 (King v. State) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

King v. State, 180 So. 339, 28 Ala. App. 177, 1938 Ala. App. LEXIS 107 (Ala. Ct. App. 1938).

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Opinion

BRICKEN, Presiding Judge.

This appellant, together with Della King and Georgia Lemaster, was indicted for the offense of murder in the second degree, in that he unlawfully and with malice aforethought killed Gordon Sims by stabbing or cutting him with a knife, but without premeditation or deliberation.

A severance being demanded, and granted by the court, this appellant yas put to' trial alone upon the indictment, supra. Said trial resulted in his conviction of the offense of manslaughter in the first degree, and, by its verdict, the jury fixed his punishment at imprisonment for six years, whereupon the court duly pronounced him guilty as aforesaid, and sentenced him to imprisonment in the penitentiary for the term of six years. From the judgment of conviction, pronounced and entered; this appeal was taken.

Upon examination we find there is no error apparent upon the, record, and on the record proper this appeal is rested.

The judgment of conviction from which this appeal was taken will accordingly stand affirmed.

Affirmed.

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BRICKEN, Presiding Judge.

This appellant, together with Della King and Georgia Lemaster, was indicted for the offense of murder in the second degree, in that he unlawfully and with malice aforethought killed Gordon Sims by stabbing or cutting him with a knife, but without premeditation or deliberation.

A severance being demanded, and granted by the court, this appellant yas put to' trial alone upon the indictment, supra. Said trial resulted in his conviction of the offense of manslaughter in the first degree, and, by its verdict, the jury fixed his punishment at imprisonment for six years, whereupon the court duly pronounced him guilty as aforesaid, and sentenced him to imprisonment in the penitentiary for the term of six years. From the judgment of conviction, pronounced and entered; this appeal was taken.

Upon examination we find there is no error apparent upon the, record, and on the record proper this appeal is rested.

The judgment of conviction from which this appeal was taken will accordingly stand affirmed.

Affirmed.

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Bluebook (online)

180 So. 339, 28 Ala. App. 177, 1938 Ala. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-state-alactapp-1938.