STATE v. BURNS

SC 1670.

327 So.2d 927 (1976)

In re STATE of Alabama v. Robert Spencer BURNS. Ex parte State of Alabama.

Supreme Court of Alabama.

March 5, 1976.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and Randolph P. Reaves, Asst. Atty. Gen., for the State.


EMBRY, Justice.

WRIT DENIED.

HEFLIN, C. J., and ALMON, J., concur.

BLOODWORTH and FAULKNER, JJ., concur specially.

BLOODWORTH, Justice. (concurring specially.)

I concur to deny the writ because of the erroneous instructions given by the trial judge.

I must respectfully disagree with the opinion of the Court of Criminal Appeals insofar as it seems to imply that failure to instruct on "guilty scienter" constituted reversible error...

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