Ellis v. State, CR-90-916
| Court | Alabama Court of Criminal Appeals |
| Writing for the Court | TAYLOR |
| Citation | 591 So.2d 574 |
| Parties | William Trony ELLIS, Jr. v. STATE. |
| Docket Number | CR-90-916 |
| Decision Date | 26 July 1991 |
Page 574
v.
STATE.
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?
"[DEFENSE COUNSEL]: No, sir.
"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?
"[DEFENSE COUNSEL]: No, sir."
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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