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292 Ala. 112

Johnson v. State

Supreme Court of Alabama

Decided January 24, 1974

Supreme Court of Alabama · decided 1974-01-24

Cited by 2 later decisions — most recently May 1983

2 state decisions

Relies on 51 Ala. App. 330 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-24

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McCALL, Justice.

¶1The defendant in the trial court petitions for a writ of certiorari to review and revise the opinion and judgment which that court rendered in Johnson, alias v. State, 51 Ala.App. 330, 285 So.2d 493 [1973], He contends that the court erred in holding that the petitioner’s charge No. 4 was properly refused, because the use of “all” exacted too high a degree of proof to justify a conviction.

¶2In denying the writ, we dp not wish to be understood as holding that this criticism rendered the charge bad. An examination of the record reveals though that the same rule of law, here involved, was substantially and fairly covered in the court’s oral charge to the jury. Therefore, the refusal of charge No. 4 was without error.

¶3Writ denied.

HEFLIN, C. J., and COLEMAN and JONES, JJ., concur.BLOODWORTH, J., concurs in the result.
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