Alabama Court of Appeals February 28, 1950, 8 Div. 749 (May v. State)

CARR, Judge.

David May was indicted for the offense of murder in the second degree. He was convicted of manslaughter in the first degree.

*231The judgment below must be reversed. We will herein subsequently point out the reasons for this conclusion.

In view of a reversal we will not make extended comment on the tendencies of the evidence.