Sanford Garrett v. State Alabama

SIMPSON, Justice. Sanford Garrett appeals from a conviction of murder in the second degree and a sentence of imprisonment
for thirty years for the killing of his estranged wife, Alice Lankford Garrett. The tendency of the State's evidence shows the following: Defendant and his wife had been separated for some time, and he
was presently defending a divorce action filed by her against him. Alice and one Hanson had gone to a roadside beer joint,
and the defendant followed them in his car and parked in the rear of the establishment at a point from which he observed his
wife and Hanson inside, where they drank some beer and danced. After a while his wife and companion left the store, entered
the latter's car, and started to drive off when if was discovered that two of the tires on the car were flat. The couple then
returned to the store where Hanson borrowed the keys to the proprietor's house in the rear for the purpose of telephoning
for assistance. They then proceeded to the house, and while Hanson was in the act of telephoning, the defendant procured a
shotgun from his automobile, went to the house, burst open the door and stated: 'I have found you lovers together'. Mrs. Garrett
and Mr. Hanson succeeded in closing the front door upon the defendant and latching it. Hanson fled to other parts of the house
seeking escape, but not finding a way out, he returned to the hallway in time to see Mrs. Garrett struggling over the gun
with the defendant, who had again forced open the door. Mrs. Garrett had hold of the barrel and she was saying, 'Sanford,
you'd better not shoot me', or words to that effect. The gun was fired and Mrs. Garrett was killed. One witness testified
that in response to a question, 'My Lord, Sanford, did you kill her ?', defendant answered, 'I hope I did'.