Dillard v. State

The Court of Criminal Appeals, 371 So.2d 946, reversed the defendant's conviction of murder in the first degree because the trial court refused his requested charge 27, which reads:

"DEFENDANT'S REQUESTED CHARGE NO. 27

"`If you have a reasonable doubt of Defendant's guilt growing out of the evidence or any part of it, you must acquit him.'" (Emphasis added.)

That court found that charge 27 was not covered in other charges given or in the court's oral charge. It reversed, citing Tillman v. State, 360 So.2d 1074 (Ala.Cr.App. 1978)cert. den., Ala. 360 So.2d 1075, as authority. We granted certiorari…