Murphy v. State

Charge 3, refused to defendant in this case, is an exact copy of charge 29 in the case of Crisp v. State, 21 Ala. App. 449, 109 So. 282. This charge was given approval in the Crisp Case in connection with other charges. That part of the opinion in the Crisp Case reads as follows:

“Charges 17, 24, 27, and 29 each state correct propositions of law and should have been given.”

This court fell .into error in the approval of charge 29, and the Crisp Case, supra, is hereby expressly overruled to the extent of the approval of charge 29. Said charge reads as follows:

“The court charges the jury that the…