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PILKINGTON v. STATE

6 Div. 144.

248 So.2d 755 (1971)

Bobby Ray PILKINGTON, Alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 6, 1971.

Attorney(s) appearing for the Case

Najjar & Najjar, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and Herbert H. Henry, Asst. Atty. Gen., for the State.

CATES, Judge.

First degree murder: electrocution.

Issue was framed on a plea of not guilty and one of not guilty by reason of insanity. By a specific provision of Code 1940, T. 15, § 422 the burden of proving insanity is cast upon the accused.

I

After the defense rested the State called a rebuttal witness. Over objection the State established by her that about two months before the homicide in question the defendant committed an assault...

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