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CUNNINGHAM v. STATE

1 Div. 56.

241 So.2d 852 (1970)

William Rufus CUNNINGHAM v. STATE.

Court of Criminal Appeals of Alabama.

November 24, 1970.

Attorney(s) appearing for the Case

C. Wayne Loudermilch, Dist. Defender, Charles R. Butler, Jr., Asst. Dist. Defender, Mobile, for appellant.

MacDonald Gallion, Atty. Gen., and Charles H. Barnes, Asst. Atty. Gen., for the State.

CATES, Judge.

Second degree murder: sentence, 25 years.

Charge 34 refused below reads:

"I charge you that the burden of proof is not on the defendant to establish selfdefense by a preponderance of the evidence; but if all the evidence raises in the minds of the jury a reasonable doubt as to whether or not the defendant acted in self-defense, you must find him not guilty.

"Refused, Roy Mayhall, Judge"

This text was held good in Henson...

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