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PHILLIPS v. STATE

CR-90-1364.

606 So.2d 170 (1991)

Kenneth Allen PHILLIPS v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 17, 1992.

Certiorari Quashed October 23, 1992.

Attorney(s) appearing for the Case

Peter Madden, Mobile, for appellant.

James H. Evans, Atty. Gen., and Robert C. Ward, Jr., Asst. Atty. Gen., for appellee.

Alabama Supreme Court 1910658.

PER CURIAM.

The appellant appeals from his conviction for sexual abuse in the second degree, in violation of § 13A-6-67, Code of Alabama 1975. He received a one-year sentence.

The appellant contends that the trial court erred in charging the jury as follows:

"The defendant has testified as a witness on his own behalf. And when he does so, you must consider the testimony of the defendant along with...

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