Alabama Court of Appeals June 30, 1944, 5 Div. 199. (Lyles v. State)

RICE, Judge.

Appellant was convicted of the offense of manslaughter in the first degree and his punishment fixed at imprisonment in the penitentiary for the term of five years. He killed Cleo McCurdy.

As his able counsel states in his brief filed here:

“The appellant was indicted for murder in the second degree of Cleo McCurdy.