Linzy v. State

William Linzy was convicted of theft in the first degree by a Montgomery County jury. He was sentenced to life imprisonment under the Alabama Habitual Felony Offenders Act, § 13A-5-9, Code of Alabama 1975. Linzy raises three issues on appeal.

I

Appellant claims error in the trial court's refusal to give a requested jury instruction regarding reasonable doubt arising from lack of evidence. Linzy's requested charge number three states, "I charge you that reasonable doubt can arise from a lack of evidence as well as conflicting evidence."

Alabama follows the general rule that a trial court's…