Lamar v. State

SHORES, Justice.

Citing Morse v. State, 49 Ala.App. 203, 269 So.2d 916 (1972), and Lane v. State, 85 Ala. 11, 4 So. 730 (1887), the Court of Criminal Appeals, 356 So.2d 677 reversed the defendant’s conviction because the trial court refused the following charge requested by the defendant:

“. . . ‘The State must prove its charge and prove it beyond a reasonable doubt by the evidence. The assertions of counsel are not evidence.’ ”

We granted the state’s petition for writ of certiorari.

This court has frequently held that the refusal to give a requested charge is not error where the trial court, in…