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BERTRAND v. STATE

1 Div. 127.

247 So.2d 386 (1971)

Emory O'Neal BERTRAND v. STATE.

Court of Criminal Appeals of Alabama.

April 20, 1971.

Attorney(s) appearing for the Case

Ian F. Gaston, Mobile, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

This appellant stands convicted of a violation of Section 106, Title 14, Code of Alabama, 1940.

The state presented evidence tending to support the allegations of the indictment. No evidence was offered in defendant's behalf.

The court, ex mero motu, instructed the jury:

"The court charges the jury if you believe the evidence in this case beyond a reasonable doubt, you must...

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