Ex Parte Pruitt

We deny the writ because defendant has failed to comply with Rule 39, A.R.A.P., in presenting additional facts not contained in the opinion of the Court of Criminal Appeals. In denying the writ, we are not to be understood as approving the holding of the Court of Criminal Appeals that "where a defendant denies the event in toto, the court is not obliged to charge on a lesser included offense." 457 So.2d 454 (Ala.Crim.App. 1979). The accused is entitled to have the trial court charge on lesser included offenses where there is a reasonable theory from the evidence supporting defendant's…