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CULLMAN. ALATUESDAY MORNING, MARCH 30, 1965COPY IOcvXiiTuuy mu ^said Wallace would met:9 30 a m Tuesday withBy MARC MILLER jWill*iam Leon Fisher was sentenced to 10 years in the state penitentiary yesterday after cn tering a guilty plea to first dc gree manslaughter in the Jan uary 2 slaying of Holly Pond poultry farmer, Vernon WilsonTidwell, 41.Cincuiit Solicitor Jack C. Riley told the court that the state and members of Tidwell’s immediate family had agr.ed to allow Fisher to plead guilty to the reduced charge of manslaughter and for h m to receive a 10 year prison sentence.Fisher was to have been tried on a charge of first degree murder in the case. He was indicted on that charge by a grand jury earlier this year. The indictment charged that he killed Tidwell by beating and kicking him during a figh early on the night of January 2. lhe victim was dead on arrival at Cullman hospital. The inciden* occurred ,}iic* south of Holly Pond on tiheHanceville road.An hour and a half after he was sentenced to 10 years at hard labor by Circuit Judge K. J. Griffith. Fisher was free under a $5 000 bond pending a probation hearing which was set for April 8. He was sentenced shortly afer 10 a.m.and released from the county jail about 11:31 a.m.A 12 man jury was called to return the first degree man- | slaughter verdict and to fixthe sentence at 10 years even though a plea of guilty wasen ered.In presenting his primafacie case to the jury. Rileycalled three witnesses to thestand, the first Ix'ing Perry Tidwell, six-yearold son of the victim who watched the fatal fight.In his testimony, young Tid w 11 said. Fisher drug daddy out. stomped him and kicked him’. He was on the stand about 10 minutes,Perry was to have been the state’s key witness il F;.-hcr hid gone on trial for murder. He rode with his father and Fisher in the car en route to pick up hks mother at her work when the fatal incident occurred.He told Riley on examine tion that he watched the fight then ran to a neaiby home to ge: help.Assistant State Toxioc jogi-t R lert Johnson, who also to-; fiod in ‘he brief trial, said Tidwell apparently died froma curshed chest, earned by“Ix'ing s-vmped”. Riley a^ed if the fatal injuries emild havelMen caused from being h t by fists. Jchn'on r plied that the condition of the victim’s chest was “consistent” with being stomped and not “consistent” with blows from a fist. Sheriff W. C. Waldr-p wasthe last witness on the stand.Fidler’s attorney, J. N. Powell Jr.. did not cross examine any of the witnesses. Both Riley and Powell. inbrief statements to the jury.asked the 12 men to ratifvtthe “agreed on” charge and sentence. However. Powellstated to the jury that Fisher was not guilty of first d guemurder.The plea of guilty was entered before Riley presen d his prima facie ease. In ac cep ting the pica to the 1es» charge. Circuit Judge K J. Griffith told Fisher:“Under the constitution, you don’t have to plead guilty. The burden is on the state o prove you guilty.”He also asked Fisher if tli sand all other constitutional rights had been lt;xplained to him by his attorney. He noddedthe affirmative.Griffith charged he jury o return a form verdict, already prepared, finding Fisher guilty of first degree manslaughter and sentencing hiin to 10 years at hard labor.The jury was out ab ut 8 minutes signing the verdict.After sentencing. Powell asked for a due tie set for * probation hearing for Fi“he . Griffith s t 10 a.m. April 8as the probation hearing ck.teand set band at $5,000.ISRAELI KILLEDBEIRUT. Lebanon (UPO —A 20-year-old Israeli was killed Sunday by a Lebanese arm.vpatrol when he tried to crow-.the border, it was rejiorted Monday.WILLIAM LEON FiSIIER
Newspaper Details
Cullman Times Democrat
Cullman, Alabama, US
Tue, Mar 30, 1965
Page 1
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AL, USA 13 Dec 2022
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