Court of Criminal Appeals of Alabama September 29, 1989 (Wagner v. State)

The appellant, Cecil James Wagner, was convicted of the capital murder of Charlie Smith, in violation of § 13A-5-40, Code of Alabama 1975. He was sentenced to life imprisonment in the State penitentiary without the possibility of parole. The evidence tended to show that on September 27, 1986, the appellant did some drinking.