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HOLLOWAY v. STATE

3 Div. 56.

243 So.2d 394 (1971)

Josephus HOLLOWAY, alias v. STATE.

Court of Criminal Appeals of Alabama.

January 12, 1971.

Attorney(s) appearing for the Case

William P. Haney, Jr., Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.

CATES, Judge.

Assault with intent to murder: sentence, five years.

The court below refused three of the appellant's tendered written charges, viz:

"3. The Court charges the jury that the burden of proof is upon the State, and it is the duty of the State to show from the evidence beyond a reasonable doubt and to the exclusion of every other reasonable hypothesis, every circumstance necessary to show that the Defendant is guilty, before the Defendant...

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