Popwell v. State

PATTERSON, Judge.

Appellant, George 0. Popwell, was indicted for the offense of burglary in the second degree, as proscribed by § 13A-7-6, Code of Alabama 1975. He was found guilty by a jury and was sentenced to 15 years’ imprisonment.

Although Popwell has raised 17 contentions, we need only address one, for this one issue warrants reversal. Popwell, who did not testify in his own behalf, contends that the trial court erred in refusing to give the following requested jury instruction:

“The Court charges the jury that under the Constitution of the United States of America and the Constitution of…