BRACKIN v. STATE

4 Div. 984.

417 So.2d 602 (1982)

Charles BRACKIN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 27, 1982.


Attorney(s) appearing for the Case

Robert H. Brogden of Brogden & Quattlebaum, Ozark, for appellant.

Charles A. Graddick, Atty. Gen., and J. Anthony McLain and James F. Hampton, Sp. Asst. Attys. Gen., for appellee.


BOWEN, Judge.

The defendant was indicted and convicted for the murder of Mary Judah, the mother of his child. Alabama Code 1975, Section 13A-6-2 (Amended 1977). Sentence was life imprisonment.

I

The defendant argues that the trial judge erred in instructing the jury on the plea of not guilty by reason of insanity. In his charge, the judge stated:

"In making the determination of whether the Defendant was at the time of the alleged commission...

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