EX PARTE PRUITT

83-843.

457 So.2d 456 (1984)

Ex parte Talmadge PRUITT. (Re Talmadge Pruitt v. State of Alabama).

Supreme Court of Alabama.

July 20, 1984.


Attorney(s) appearing for the Case

John Baker, Fort Payne, for petitioner.

Charles A. Graddick, Atty. Gen., for respondent.


PER CURIAM.

We deny the writ because defendant has failed to comply with Rule 39, A.R.A.P., in presenting additional facts not contained in the opinion of the Court of Criminal Appeals. In denying the writ, we are not to be understood as approving the holding of the Court of Criminal Appeals that "where a defendant denies the event in toto, the court is not obliged to charge on a lesser included offense." 457 So.2d 454 (Ala...

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