Walker v. State

The report of this case on former appeal states its nature, and the facts are very much as they appeared on that appeal. Walker v. State, 220 Ala. 544, 126 So. 848. This court then held that there was error in refusing charge 4. On the next trial, that charge was ' given marked charge L.

Appellant claims that his refused charge 4 (different from,that numbered 4 on former appeal) should also have been -given. As pointed out on former appeal, this court has frequently followed the statement in Matthews v. State, 192 Ala. 1, 68 So. 334, defining the exception to the general rule as to the duty to…