Ex parte McCormack
| Decision Date | 08 April 1983 |
| Parties | Ex parte: David Anderson McCORMACK. (Re David A. McCormack, alias v. State of Alabama). 82-142. |
| Court | Alabama Supreme Court |
Donald E. Holt and Joe M. Patterson, Jr., Florence, for petitioner.
Charles A. Graddick, Atty. Gen., and Leura J. Garrett, Asst. Atty. Gen., for respondent.
Certiorari was granted to determine whether the instant decision of the Court of Criminal Appeals conflicts with the decision of that court in Northington v. State, Ala.Crim.App., 413 So.2d 1169 (1981).
A motion to quash this count was made by the defendant at the close of the evidence, and denied. Following conviction and sentence, petitioner again raised the issue of the propriety of his conviction under § 13A-6-2.
In Northington, supra, the Court of Criminal Appeals held that a charge of murder under § 13-6-2(a)(2) () embraced ..." That court then observed that "[t]he evidence in this [Northington] case, even when viewed in the light most favorable to the prosecution, reveals that the defendant's acts and omissions were specifically directed at a particular victim and no other."
Under the facts found by the Court of Criminal Appeals in this case, we reach the same conclusion as that court did in Northington. The State of Alabama presented no evidence that this petitioner engaged in conduct "manifesting extreme indifference to human life generally." Thus, it was error for the trial court to submit Count I to the jury. For that reason the petitioner is entitled to a new trial.
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