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PER CURIAM. We are of opinion that reversible error is not made to appear in connection with the trial court’s refusal to give defendant’s written requested Charge No. 6. Although under our cases this charge does state a correct statement of the law, we are firmly convinced that the same rule of law was substantially and fairly given to the jury in the court’s general charge and written Charge 7, given at the request of the defendant. Section 273, Title 7, Code 1940.
The judgment of the Court of Appeals is reversed.
Reversed and remanded.
LAWSON, SIMPSON, GOODWYN and MERRILL, JJ., concur. LIVINGSTON, C. J., and STAKELY and COLEMAN, JJ., dissent.
Document Info
Docket Number: 8 Div. 946
Citation Numbers: 110 So. 2d 334, 268 Ala. 517
Judges: Coleman, Goodwyn, Lawson, Livingston, Merrill, Simpson, Stakely
Filed Date: 2/12/1959
Precedential Status: Precedential
Modified Date: 8/24/2023