Cook v. State
| Decision Date | 20 February 1979 |
| Docket Number | 6 Div. 489 |
| Citation | 369 So.2d 1260 |
| Parties | Recardo COOK v. STATE. |
| Court | Alabama Court of Criminal Appeals |
The appellant was convicted of "robbery when the victim is intentionally killed" and sentenced to death. This Court affirmed his conviction on December 20, 1977.
The Alabama Supreme Court remanded this case to this Court with directions to order a rehearing in the circuit court. However further review convinces us that the case must be reversed and remanded under the principles recently asserted by the Alabama Supreme Court in Watters v. State, 369 So.2d 1272 (1979). The cause for the reversal of the appellant's conviction is identical to the cause of reversal in Watters.
An indictment charged that the appellant, Recardo Cook:
"feloniously took Three Thousand Dollars of the lawful currency of the United States of America, the personal property of Lewis Webb, from his person and against his will, by violence . . . and said defendant in the course of the aforesaid robbery, did intentially kill the said Lewis Webb by shooting him with a pistol." 1
However, from the entry of judgment on March 4, 1977, it clearly appears that the appellant was found guilty of an offense not charged in the indictment.
We quote from Watters :
'When an indictment charges an offense of which there are different degrees, the jury may find the defendant not guilty of the degree charged and guilty of any degree inferior thereto or of an attempt to commit the offense charged; and the defendant may also be found guilty of any offense which is necessarily included in that with which he is charged, whether it be a felony or a misdemeanor.'
"However, it is clear from the terms of the Death Penalty Act that...
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Hodges v. State
...was committed for pecuniary gain. Our Supreme Court in Cook v. State, 369 So.2d 1251, 1256 (Ala.1978), opinion on remand, 369 So.2d 1260 (Ala.Crim.App.1979), after remand, 384 So.2d 1158 (Ala.Crim. App.), cert. denied, 384 So.2d 1161 (Ala. 1980), "At Cook's sentencing hearing the trial judg......
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Lane v. State
...was committed for pecuniary gain. Our Supreme Court in Cook v. State, 369 So.2d 1251, 1256 (Ala.1978), opinion on remand, 369 So.2d 1260 (Ala.Crim.App.1979), after remand, 384 So.2d 1158 (Ala.Crim.App.), cert. denied, 384 So.2d 1161 (Ala.1980), stated:“ ‘At Cook's sentencing hearing the tri......
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Nelson v. State
...may not be added to or expanded. See Cook v. State, 369 So.2d 1243 (Ala.Cr.App.1977), affirmed in part, reversed in part, 369 So.2d 1251, 1257 (Ala.1978), on remand, 369 So.2d 1260 (Ala.Cr.App.1979). However, the fact that there is a significant history of prior criminal activity may be con......
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Moss v. State
...Watters v. State, 369 So.2d 1272,1273-74 (Ala.1979), overruled by Beck v. State, 396 So.2d 645 (Ala.1980) and Cook v. State, 369 So.2d 1260, 1261-62 (Ala.Cr.App.1979) with Jefferson v. State, 473 So.2d 1100, 1102-03 (Ala.Cr.App.1984), affirmed, Ex parte Jefferson, 473 So.2d 1110 (Ala.1985),......