Alabama Court of Appeals January 21, 1941, 4 Div. 624. (Sowell v. State)

SIMPSON, Judge.

Under an indictment for murder in the first degree, the appellant was convicted of murder in the second degree. He killed his father-in-law and at his trial pleaded self-defense.

Dying declarations of the deceased and testimony of the two eyewitnesses to the affray w«re the only evidence for the State as to the events at the time of the tragedy.