Campbell v. State
| Decision Date | 24 August 1982 |
| Docket Number | 1 Div. 346 |
| Citation | 423 So.2d 284 |
| Parties | Patricia Ann CAMPBELL v. STATE. |
| Court | Alabama Court of Criminal Appeals |
James M. Byrd and Thomas M. Haas, Mobile, for appellant.
Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.
The defendant was indicted and convicted for murder. Alabama Code 1975, Section 13A-6-2. Sentence was thirty years' imprisonment.
The trial court's refusal of the defendant's written requested jury instructions numbers 10 and 13 was not properly objected to and preserved for review. Allen v. State, 414 So.2d 989 (Ala.Cr.App.1982), affirmed, 414 So.2d 993 (Ala.). See Rule 14, Temporary Rules of Criminal Procedure, effective July 16, 1982.
More importantly, a review of the court's oral charge convinces us that the requested charges were "substantially and fairly" given to the jury in the court's general charge. Section 12-16-13.
The defendant filed a special plea of not guilty by reason of mental disease or defect under Section 13A-3-1. Although there was no evidence that the defendant had been involved in any repeated criminal or otherwise antisocial conduct, the trial court charged the jury, under Section 13A-3-1(b), that "the term mental disease or defect does not include an abnormality of the mind which is only manifested by the repeated criminal or other antisocial conduct of a person."
The giving of an abstract charge which asserts a correct legal proposition does not operate as reversible error "unless it appears that on account of the circumstances of the case and the character of the charge given it was calculated to prejudice." McPhearson v. State, 271 Ala. 533, 540, 125 So.2d 709 (1961); Traywick v. State, 378 So.2d 1196 (Ala.Cr.App.1979). Although the particular charge was unsupported by any evidence, the record fails to establish any possible prejudice to the defendant.
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
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Lynn v. State, 4 Div. 183
...us that the requested and denied instructions were fully and accurately covered by the court's oral charge to the jury. Campbell v. State, 423 So.2d 284 (Ala.Crim.App.), cert. denied, A.R.A.P. 45A prescribes our scope of review in death cases. "In all cases in which the death penalty has be......
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Moore v. State
...in the court's general charge or in charges given at the request of the parties." Ala.Code § 12-16-13 (1975). See also Campbell v. State, 423 So.2d 284 (Ala.Crim.App.1982); Lambeth v. State, 380 So.2d 923 (Ala.1979); Williams v. State, 451 So.2d 411 We have reviewed the refused charge and f......
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Wesley v. State, 1 Div. 932
...supra; Coleman v. State, 423 So.2d 276 (Ala.Crim.App.1982); Laffity v. State, 423 So.2d 280 (Ala.Crim.App.1982); Campbell v. State, 423 So.2d 284 (Ala.Crim.App.1982). See Rule 14, Temporary Rules of Criminal Procedure. Moreover, a further review of the court's oral charge reveals that such ......
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Farrior v. State
...request of the parties.' "Ala.Code § 12-16-13 (1975). See also, Jackson v. State, 414 So.2d 1014 (Ala.Crim. App.1982); Campbell v. State, 423 So.2d 284 (Ala.Crim.App.1982); Williams v. State, 451 So.2d 411 Id. The State argued that the provocation was the fight at school on the previous day......