HAMILTON v. STATE

3 Div. 178.

277 So.2d 383 (1973)

George HAMILTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 6, 1973.


Attorney(s) appearing for the Case

Elno A. Smith, Jr., Montgomery, for appellant.

William J. Baxley, Atty. Gen., and Otis J. Goodwyn, Jr., Asst. Atty. Gen., for the State.


HARALSON, Supernumerary Circuit Judge.

The appellant was indicted and tried for murder in the first degree, convicted of murder in the second degree, and sentenced to imprisonment for ten years. The charge arose out of the fatal stabbing of one Carl Lee Thompson.

I

In brief, the appellant urges that the trial court erred in refusing to give at the request of the appellant written charge No. 10, as follows, to-wit: "The court instructs the jury that...

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