Burns v. State

GARDNER, Justice.

This is the second appeal by defendant from a conviction of murder in the second degree. Burns v. State, 226 Ala. 117, 145 So. 436.

In addition to his plea of not guilty by reason of insanity, defendant also relied upon his plea of self-defense. But the trial court in effect gave a directed verdict against defendant as to the plea of self-defense, stating' in his oral charge that it was “the opinion of the court that it is its duty not to submit to you the question of self-defense,” and after the retirement of the jury and their return for further instructions upon this phase…