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JARRELL v. STATE

5 Div. 477.

50 So.2d 774 (1949)

JARRELL v. STATE.

Supreme Court of Alabama.

Rehearing Denied February 2, 1950.

Attorney(s) appearing for the Case

A. A. Carmichael, Atty. Gen., and Jas. T. Hardin, Asst. Atty. Gen., for the petition.

Walker & Walker, of Opelika, and R. C. Wallace and C. S. Moon, of LaFayette, opposed.

BROWN, Justice.

It is familiar law that to justify the reversal of a trial court for refusing a special written instruction requested by a party to the suit or prosecution, such instruction must be couched "in the correct and appropriate terms of the law." Hudson v. State, 217 Ala. 479, 116 So. 800, 802; Ex parte State ex rel. Attorney General, 211 Ala. 1, 100 So. 312.

The Court of Appeals reversed in the instant case because the trial court refused defendant...

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