Ex parte Jones

Decision Date04 September 1987
PartiesEx parte James Hugh JONES. (Re James Hugh Jones v. State of Alabama). 86-1112.
CourtAlabama Supreme Court

Petition for Writ of Certiorari to the Court of Criminal Appeals.

Stephen K. Orso, Mobile, for petitioner.

Don Siegelman, Atty. Gen., for respondent.

Prior Report: Ala.Cr.App., 514 So.2d 1060.

ADAMS, Justice.

In denying this petition for a writ of certiorari, we are not to be understood as agreeing with the assertion in the opinion of the Court of Criminal Appeals that the accused was entitled to a charge on the lesser included offense of negligent homicide.

WRIT DENIED.

TORBERT, C.J., and JONES, SHORES and STEAGALL, JJ., concur.

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26 cases
  • Atwell v. State
    • United States
    • Alabama Court of Criminal Appeals
    • September 20, 1991
    ...Newsome v. State, 570 So.2d 703, 710 (Ala.Cr.App.1989). Accord, Jones v. State, 514 So.2d 1060, 1067 (Ala.Cr.App.), cert. denied, 514 So.2d 1068 (Ala.1987). However, "no rule is more fundamental or better settled than that convictions cannot be predicated upon surmise, speculation, and susp......
  • Hill v. Jones
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 9, 1996
    ...Jones v. State, 495 So.2d 722 (Ala.Crim.App.1986) (failure to timely perfect appeal by filing transcript of trial), cert. denied, 514 So.2d 1068 (1987) 13; Dawson v. State, 480 So.2d 18 (Ala.Crim.App.1985) (failure to perfect appeal); Traylor v. State, 466 So.2d 185 (Ala.Crim.App.1985) (fai......
  • Coral v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 27, 1992
    ...of those instructions. See Ex parte Hannah, 527 So.2d 675 (Ala.1988); Jones v. State, 514 So.2d 1060 (Ala.Cr.App.), cert. denied, 514 So.2d 1068 (Ala.1987). We note that the trial court properly instructed the jury on the lesser included offense of murder under § 13A-6-2(a)(1) as to both co......
  • Sharifi v. State
    • United States
    • Alabama Court of Criminal Appeals
    • February 1, 2008
    ...to instruction on lesser included offenses where a reasonable theory from the evidence supports the position), cert. denied, 514 So.2d 1068 (Ala.1987)." Walker v. Jones, 10 F.3d 1569, 1573 (11th In this case, Sharifi's defense was that he was in California at the time of the murders. Both v......
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