LESTER v. STATE

1 Div. 878.

121 So.2d 110 (1960)

David E. LESTER v. STATE of Alabama.

Supreme Court of Alabama.

June 2, 1960.


Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., and Geo. D. Mentz, Asst. Atty. Gen., for petitioner.

Harry Seale, Mobile, opposed.


COLEMAN, Justice.

David E. Lester was convicted of murder in the second degree and appealed to the Court of Appeals. That court reversed because of error in a portion of the oral charge of the trial court to which exception was reserved. The State now applies for certiorari and complains that the Court of Appeals erred because that court failed to consider the entire oral charge and also misconstrued the meaning of the phrase "burden of proof."

In brief the...

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