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STATE v. INGALLS

6 Div. 98.

173 So.2d 104 (1965)

STATE of Alabama v. Ellen G. INGALLS.

Supreme Court of Alabama.

March 18, 1965.

Attorney(s) appearing for the Case

Thomas Coleman, Special Asst. Atty. Gen., and Whitmire, Morton & Coleman, Birmingham, for appellant.

Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.

COLEMAN, Justice.

The state, as condemnor, appeals from a judgment rendered by the circuit court in an eminent domain proceeding to condemn the residence of a landowner.

I.

The condemnor argues that the court erred in giving landowner's requested Charge 3 which recites as follows:

"3. The Court charges you that the question of whether or not the subject property had a market in Birmingham is a matter on which the jury should reach a conclusion...

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