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EX PARTE STORK

No. 84-227.

475 So.2d 623 (1985)

Ex parte Francis Louise STORK. (Re: Francis Louise Stork v. State of Alabama).

Supreme Court of Alabama.

July 3, 1985.

Attorney(s) appearing for the Case

Edwin L. Yates, Montgomery, for petitioner.

Charles A. Graddick, Atty. Gen., and Phillip Luke Hughes, Asst. Atty. Gen., for respondent.

MADDOX, Justice.

Petitioner, Francis Louise Stork, seeks review of the judgment of the Court of Criminal Appeals, 475 So.2d 622, which upheld the trial court's refusal to instruct the jury on the lesser included offense of third-degree assault.

The sole issue before this Court is whether a person who denies committing an offense with which he is charged is, nevertheless, entitled to a jury instruction on a lesser included...

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