Ex Parte State

In its opinion on application for rehearing the Court of Appeals held the giving of charge 1 at the request of the state was error to reverse — this upon the ground that the' charge fails to base or hypothesize the jury’s conclusion upon belief “from the evidence.” We have heretofore decided that trial courts may without error refuse such charges (Davis v. State, 188 Ala. 59, 66 South. 67, referred to in Edwards v. State, 205 Ala. 160, 87 South. 179), but reasons why error should not be predicated of the giving of such charges, when in other respects they state the law of the case correctly,…