Ellis v. State, CR-90-916

CourtAlabama Court of Criminal Appeals
Writing for the CourtTAYLOR
Citation591 So.2d 574
PartiesWilliam Trony ELLIS, Jr. v. STATE.
Docket NumberCR-90-916
Decision Date26 July 1991

Page 574

591 So.2d 574
William Trony ELLIS, Jr.
Court of Criminal Appeals of Alabama.
July 26, 1991.
Rehearing Denied Sept. 20, 1991.
Certiorari Denied Dec. 13, 1991
Alabama Supreme Court 1910034.

Arthur J. Madden III, Mobile, for appellant.

James H. Evans, Atty. Gen., and Beth Jackson Hughes, Asst. Atty. Gen., for the State.

TAYLOR, Judge.

The appellant, William Trony Ellis, Jr., was convicted of attempted murder, a violation of § 13A-6-2, Code of Alabama 1975,

Page 575

and § 13A-4-2, Code of Alabama 1975, and of criminal mischief in the first degree, a violation of § 13A-7-21, Code of Alabama 1975. He was sentenced to concurrent terms of 20 years' imprisonment for the attempted murder conviction and 90 days' imprisonment in the county jail for the criminal mischief conviction.

The evidence presented at trial tended to show that on October 9, 1989, the appellant entered Doctor's Hospital in Mobile and confronted his ex-girlfriend, Renee Evans, an employee of the hospital. After a brief altercation, the appellant stabbed Ms. Evans in the hand, arm, back, and buttock. He then left the hospital, destroying various furnishings and fixtures on his way out of the building.

The appellant claims on appeal that the trial court's instructions to the jury violated Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990), in that the charge allowed a finding of guilt based upon a standard of proof which is lower than that required by the Fourteenth Amendment. The appellant made no objection at trial to the court's jury instruction.

The following exchange took place after the trial court had charged the jury:

"THE COURT: Am I overlooking anything for the State?

"[PROSECUTOR]: No, sir.

"THE COURT: Delano, anything else you want me to charge on?


"THE COURT: [To the jury] In the event you have any questions or don't understand something I've charged on, knock on the door and I will bring you back out and instruct you on that particular aspect of the case. If you will go back in the jury room where my bailiff is here, you may start your deliberations.

"(Jury not present)

"THE COURT: Any exceptions for the State?

"[PROSECUTOR]: No, sir.

"THE COURT: Any for you, Delano?


When there is no objection at the trial level, a matter cannot be considered for the first time on appeal. Qualls v. State, 555 So.2d 1158 (Ala.Cr.App.1989); Thornton v. State, 527 So.2d 143,...

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5 cases
  • Waldrop v. State, CR-98-2316
    • United States
    • Alabama Court of Criminal Appeals
    • December 1, 2000
    ...390 So. 2d 1160, 1167 (Ala.Crim.App.), cert. denied, 390 So. 2d 1168 (Ala. 1980). A knife is a deadly weapon. See Jones v. State, 591 So. 2d at 574 (butcher knife). Cf. Wilson v. State, [Ms. CR-97-2659, November 19, 1999] ___ So. 2d ___ (Ala.Crim.App. 1999). In deciding whether the State pr......
  • Waldrop v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 30, 2000
    ...v. State, 390 So.2d 1160, 1167 (Ala.Crim.App.), cert. denied, 390 So.2d 1168 (Ala.1980). A knife is a deadly weapon. See Jones v. State, 591 So.2d at 574 (butcher knife). Cf. Wilson v. State, 777 So.2d 856 In deciding whether the State presented sufficient evidence to support a conviction, ......
  • Farrior v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 11, 1998
    ...591 So.2d 569, 574 (Ala.Cr. App.1991); see also Crews v. State, 616 So.2d 392 (Ala.Cr.App.1993). Intent is a jury question. Jones, 591 So.2d at 574. Section 13A-1-2(11), Ala.Code 1975, provides that a firearm is a deadly weapon. Finally, if the jury had determined that the appellant intende......
  • Brown v. State, CR-95-2131
    • United States
    • Alabama Court of Criminal Appeals
    • May 23, 1997
    ...reasons for striking the veniremembers in question so as to allow the trial court to correct its error. 1 See Ellis v. Page 875 State, 591 So.2d 574, 575 (Ala.Cr.App.1991). See also Jackson v. State, 534 So.2d 689, 691 (Ala.Cr.App.1988) (the statement of specific grounds of objection waives......
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