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LAMAR v. STATE

SC 2769.

356 So.2d 680 (1977)

In re Maurice LAMAR v. STATE of Alabama. Ex parte State of Alabama ex rel. Attorney General.

Supreme Court of Alabama.

December 9, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. and Winston D. Durant, Asst. Atty. Gen., for the State, petitioner.

No brief for respondent.

SHORES, Justice.

Citing Morse v. State, 49 Ala.App. 203, 269 So.2d 916 (1972), and Lane v. State, 85 Ala. 11, 4 So. 730 (1887), the Court of Criminal Appeals, 356 So.2d 677 reversed the defendant's conviction because the trial court refused the following charge requested by the defendant:

". . . `The State must prove its charge and prove it beyond a reasonable doubt by the...

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