McDONALD v. STATE

(81 South. 894) McDONALD v. STATE. (8 Div. 530.) (Court of Appeals of Alabama. March 18, 1919.) Appeal from Circuit Court, Lawrence County; C. P. Almon, Judge. Will McDonald was indicted for murder in the first degree, and upon a trial was convicted of murder in the second degree, and sentenced to a term of 10 years in the penitentiary. From the judgment of conviction he appeals. Affirmed. William L. Chenault, of Russellville, for appellant. J. Q. Smith, Atty. Gen., for the State. [MAJORITY — SAMFORD, J.] SAMFORD, J. There is no brief filed for the appellant in this cause, but his insistence is set forth in the motion for a new trial, in which he assigns four grounds: (1) That the verdict was contrary to the evidence; (2) that there was not sufficient evidence to support the verdict; (3) because the court refused to give the affirmative charge as requested by the defendant; and (4) that there was not sufficient evidence to support the judgment. We have carefully examined the evidence in this case, and are of the opinion that it was a question for the jury under the facts, and that the entire case was submitted to the jury under a full, fair, and impartial charge from the trial court. There is no error in the record, and the judgment is in all things affirmed. Affirmed.