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Cunningham v. State

Court of Criminal Appeals of Alabama
Nov 24, 1970
241 So. 2d 852 (Ala. Crim. App. 1970)

Opinion

1 Div. 56.

November 24, 1970.

Appeal from the Circuit Court, Mobile County, Roy Mayhall, Special Judge.

C. Wayne Loudermilch, Dist. Defender, Charles R. Butler, Jr., Asst. Dist. Defender, Mobile, for appellant.

MacDonald Gallion, Atty. Gen., and Charles H. Barnes, Asst. Atty. Gen., for the State.


Second degree murder: sentence, 25 years.

Charge 34 refused below reads:

"I charge you that the burden of proof is not on the defendant to establish self-defense by a preponderance of the evidence; but if all the evidence raises in the minds of the jury a reasonable doubt as to whether or not the defendant acted in self-defense, you must find him not guilty.

"Refused, Roy Mayhall, Judge"

This text was held good in Henson v. State, 112 Ala. 41, 21 So. 79 (Charge No. 2). However, in McGhee v. State, 178 Ala. 4, 59 So. 573, Charge 3 (identical) was held bad because it failed to include a definition of "self-defense." Henson, supra, as to the approval of the charge sub judice was expressly overruled. See Nearer v. State, 198 Ala. 1, 73 So. 429 (Charge 16).

This is enough to dispose of the only point argued. Under Code 1940, T. 15, § 389, we have examined the entire record and conclude that the judgment below is due to be

Affirmed.


Summaries of

Cunningham v. State

Court of Criminal Appeals of Alabama
Nov 24, 1970
241 So. 2d 852 (Ala. Crim. App. 1970)
Case details for

Cunningham v. State

Case Details

Full title:William Rufus CUNNINGHAM v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Nov 24, 1970

Citations

241 So. 2d 852 (Ala. Crim. App. 1970)
46 Ala. App. 328

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