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SMITH v. STATE

8 Div. 207.

373 So.2d 1272 (1979)

Lester SMITH v. STATE.

Court of Criminal Appeals of Alabama.

August 21, 1979.

Attorney(s) appearing for the Case

Harvey B. Morris and Michael E. Brodowski, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen. and J. Thomas Leverette, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

Appellant's only insistence upon a reversal of his conviction of murder in the second degree is based upon the refusal by the trial court of defendant's requested written Charge 3 as follows:

"The Court charges the jury that reasonable doubt may exist, though there is no probability of the Defendant's innocence from the testimony, and if they have not an abiding conviction...

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