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HOPSON v. STATE

80-363.

414 So.2d 464 (1982)

Ex parte State. Re Harold Edward HOPSON, Jr. v. STATE.

Supreme Court of Alabama.

May 21, 1982.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Thomas R. Allison, Asst. Atty. Gen., for petitioner.

Robert Straub and Jerry Knight, Decatur, for respondent.

EMBRY, Justice.

The Court of Criminal Appeals ruled correctly in reversing defendant's conviction for second degree murder based on the trial court's refusal to give the following jury charges requested by defendant:

"1. The court charges the jury that if they believe from the evidence that the deceased was of a violent and bloodthirsty character they are to take such evidence into consideration in determining the degree of the defendant's guilt, provided...

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