Bayne v. State

ON REHEARING

Original opinion withdrawn.

Roy Lee Bayne was tried and convicted of assault with intent to murder. The Court of Criminal Appeals, 375 So.2d 1236, reversed and remanded the case because the trial court refused to give the following requested charge:

"The State must prove its charge, and prove it beyond a reasonable doubt, by evidence. The assertions of counsel are not evidence."

We granted the state's petition for certiorari on original deliverance.

The issues in this case are identical to those raised inLamar v. State, 356 So.2d 680 (Ala. 1977). In Lamar, we held that the refusal to…