VAUGHN v. STATE

SC 724.

304 So.2d 6 (1974)

In re Lemuel VAUGHN v. STATE of Alabama. Ex parte STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied October 3, 1974.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Jonathan P. Gardberg, Sp. Asst. Atty. Gen., for the State, petitioner.

J. Douglas Evans and Donald E. Holt, Florence, opposed.


BLOODWORTH, Justice.

We granted certiorari to review a decision and judgment of the Court of Criminal Appeals which reversed and remanded defendant's murder conviction in the Circuit Court of Lauderdale County. Lemuel Vaughn v. State, 53 Ala.App. ___, 304 So.2d 12.

The sole question presented to us is whether there was reversible error in the refusal by the trial judge to give Charge 59, requested by the defendant, viz....

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