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DILLARD v. STATE

78-184.

371 So.2d 947 (1979)

In re James E. DILLARD v. STATE of Alabama. Ex parte STATE of Alabama ex rel. ATTORNEY GENERAL.

Supreme Court of Alabama.

May 4, 1979.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., and John Gibbs, Asst. Atty. Gen., for the State of Alabama, petitioner.

Joseph P. Hughes, Geneva, for respondent.

PER CURIAM.

The Court of Criminal Appeals, 371 So.2d 946, reversed the defendant's conviction of murder in the first degree because the trial court refused his requested charge 27, which reads:

"`DEFENDANT'S REQUESTED CHARGE NO. 27

"`If you have a reasonable doubt of Defendant's guilt growing out of the evidence or any part of it, you must acquit him.'" (Emphasis added.)

That court found that charge...

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