Bell v. State, 6 Div. 419

Decision Date28 August 1984
Docket Number6 Div. 419
Citation455 So.2d 1022
PartiesAlfonzo BELL v. STATE.
CourtAlabama Court of Criminal Appeals

George H. Jones, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and P. David Bjurberg, Asst. Atty. Gen., for appellee.

PATTERSON, Judge.

Appellant, Alonzo Bell, was indicted by a one-count indictment charging that he intentionally murdered Maxine Bush in violation of § 13A-6-2, Code of Alabama 1975. He was convicted of murder and sentenced to a term of twenty years' imprisonment.

We need only address Bell's first contention of error. He argues that the trial court erred in instructing the jury on "universal malice" murder, defined by § 13A-6-2(a)(2), because the indictment only alleged that he acted intentionally in causing the victim's death ( § 13A-6-2(a)(1)). The Alabama Supreme Court in Ex parte Washington, 448 So.2d 404 (Ala.1984), determined that, because an accused has the right to be informed of the charges against him, it is error for the trial court to instruct the jury on "universal malice" murder unless the indictment specifically charges such. See also Ponder v. State, 451 So.2d 1382 (Ala.Crim.App.1984), and cases cited therein. Accordingly, this cause is due to be reversed and remanded for a new trial.

REVERSED AND REMANDED.

All Judges concur.

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5 cases
  • Biddie v. State, 6 Div. 179
    • United States
    • Alabama Court of Criminal Appeals
    • November 12, 1986
    ...(Ala.Cr.App.1984); Hughley v. State, 451 So.2d 439 (Ala.Cr.App.1984); Ponder v. State, 451 So.2d 1382 (Ala.Cr.App.1984); Bell v. State, 455 So.2d 1022 (Ala.Cr.App.1984). Thus, in light of the above authorities, it is clear that the court's oral charge in the case at bar was reversible In Ma......
  • Kuk v. State
    • United States
    • Alabama Court of Criminal Appeals
    • July 24, 1992
    ...439 (Ala.Cr.App.1984) (decided May 22, 1984); Ponder v. State, 451 So.2d 1382 (Ala.Cr.App.1984) (decided June 12, 1984); Bell v. State, 455 So.2d 1022 (Ala.Cr.App.1984) (decided August 28, 1984); Marsh v. State, 461 So.2d 51 (Ala.Cr.App.1984) (decided December 11, 1984) (hereinafter "Marsh ......
  • Hall v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 27, 1987
    ...error. Ex parte Washington, 448 So.2d 404 (Ala.1984). See also Mathews v. State, 491 So.2d 1087 (Ala.Cr.App.1986); Bell v. State, 455 So.2d 1022 (Ala.Cr.App.1984); Ponder v. State, 451 So.2d 1382 (Ala.Cr.App.1984); Dawson v. State, 449 So.2d 800 The Attorney General argues that the charge o......
  • Bell v. State, 6 Div. 734
    • United States
    • Alabama Court of Criminal Appeals
    • February 12, 1986
    ...bit different and the same verdict. So I can't see that anything was different than what was done in this case." In Bell v. State, 455 So.2d 1022 (Ala.Cr.App.1984), this Court reversed the defendant's initial conviction for the murder of Maxine Bush because the jury was instructed on "unive......
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