Norsworthy v. State, 4 Div. 133
Decision Date | 31 March 1989 |
Docket Number | 4 Div. 133 |
Citation | 542 So.2d 950 |
Parties | Larry Bruce NORSWORTHY v. STATE. |
Court | Alabama Court of Criminal Appeals |
Bill Kominos, Ozark, for appellant.
Don Siegelman, Atty. Gen., and Andy S. Poole, Asst. Atty. Gen., for appellee.
Larry Bruce Norsworthy was indicted for the capital murder of Andrew Jackson Denham and Frances Pauline Norsworthy, in violation of § 13A-5-40(a)(10), Code of Alabama 1975. At arraignment the appellant pleaded not guilty and not guilty by reason of insanity and/or mental disease.
He was convicted of the lesser included offense of murder for the death of Frances Pauline Norsworthy and manslaughter for the death of Andrew Jackson Denham. He was sentenced to life in prison for the murder conviction and 10 years in prison for the manslaughter conviction, which was to run consecutively with the life sentence.
The appellant raises three issues on appeal.
The appellant contends that a remark made by the trial judge to the jury was prejudicial to the appellant and the trial court erred in refusing to grant a mistrial. The record reveals that the judge made the statement to the jury after the appellant called a clinical psychologist as a witness and the State then questioned her in the jury's absence. After the jury returned, the trial judge declared a recess and stated:
(R. 655)
Appellant argues that the statement "even though all the evidence is in" in effect instructed the jury to disregard any further evidence.
McCovery v. State, 365 So.2d 358, 362-363 (Ala.Crim.App.1978); Oglen v. State, 440 So.2d 1172 (Ala.Crim.App.) cert. denied, 440 So.2d 1177 (Ala.1983); See also Goolsby v. State, 492 So.2d 635 (Ala.Crim.App.1986); Lokos v. State, 434 So.2d 818 aff'd, 434 So.2d 831 (Ala.1982). "The trial judge has a duty to be thorough, patient, punctual, just and impartial." Oglen, 440 So.2d at 1176. A judge, however, is a human being and not a robot. Oglen; Allen v. State, 290 Ala. 339, 276 So.2d 583 (1973).
The record reveals that the trial judge's remark was certainly not calculated to prejudice this appellant. We find that the statement did not so prejudice the appellant as to require a mistrial or cause a reversal of the convictions at issue. Furthermore, in its oral charge, the court instructed the jury that, in deciding the facts of the case, they were "to take into account all of the testimony of all of the witnesses." No error appears here.
The appellant next contends that the trial court erred in refusing to give four of the appellant's requested jury charges concerning mental disease or defect. "The refusal of a requested written instruction, although a correct statement of the law, shall not be cause for reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court's oral charge or in the other charges given at the request of the parties." Rule 14, A.R.Crim.P.Temp. See also Sasser v. State, 494 So.2d 857 (Ala.Crim.App.1986); Jackson v. State, 414 So.2d 1014 (Ala.Crim.App.1982); Lambeth v. State, 380 So.2d 923 (Ala.1979). Ala.Code § 12-16-13, 1975.
After a careful review of the refused charges and the court's oral charge concerning mental disease or defect, we find that the four refused charges were substantially and fairly covered in the trial court's oral charge or were incorrect statements of law. See Sasser; Hill v. State, 409 So.2d 943 (Ala.Crim.App.1981).
The appellant finally contends that the trial court erred by refusing to charge on the lesser included offense of manslaughter as to Frances...
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...his objection to the trial court's refusal to give the requested charge. See Williamson, 570 So.2d at 723. See also Norsworthy v. State, 542 So.2d 950, 952 (Ala.Cr.App.1989) (indicating that objection at charge conference to trial court's refusal to charge on lesser offense would have been ......
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Youngblood v. State, CR-92-1185
...charge is substantially covered in the court's oral charge." Weeks v. State, 611 So.2d 1156, 1158 (Ala.Cr.App.1992), Norsworthy v. State, 542 So.2d 950 (Ala.Cr.App.1989). See also Rule 21.1, A.R.Crim.P. Therefore, the trial court did not err in refusing to give the appellant's written reque......
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