Rice v. State, 6 Div. 53
Decision Date | 16 June 1970 |
Docket Number | 6 Div. 53 |
Citation | 46 Ala.App. 12,237 So.2d 122 |
Parties | Braymon RICE v. STATE. |
Court | Alabama Court of Criminal Appeals |
William T. Kominos, Birmingham, for appellant.
MacDonald Gallion, Atty. Gen., and George W. Hodges, Jr., Asst. Atty. Gen., for the State.
The defendant was convicted of assaulting James Edward Gay with intent to murder him. He was sentenced to twelve years imprisonment.
The evidence is undisputed that defendant fired a pistol into the unmarked city police car in which Officer Gay, in plain clothes, was sitting. One shot went into the left front door and a second shot broke the window on the left side, about ten or twelve inches from the policeman's head.
The defendant introduced no evidence.
The sole argument in brief is that the court erred in refusing the following requested charges:
These charges were properly refused for these reasons:
Charge 1, if not otherwise faulty, was not predicated on a belief from the evidence.
Charge 2, if otherwise proper, because the intent to take life is not directed against the person charged in the indictment. Walls v. State, 90 Ala. 618, 8 So. 680; Lawhon v. State, 41 Ala.App. 577, 141 So.2d 205.
Moreover, the applicable principles were adequately covered in the oral charge.
The judgment is affirmed.
Affirmed.
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Thompson v. State, 6 Div. 879
...292 So.2d 135, cert. denied, 292 Ala. 251, 292 So.2d 139 (1974); Cork v. State, 50 Ala.App. 670, 282 So.2d 107 (1973); Rice v. State, 46 Ala.App. 12, 237 So.2d 122 (1970)." The State's evidence made out a prima facie case of first degree murder where the victim was brutally and savagely sta......
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Hudson v. State, 1 Div. 507
...So.2d 135, cert. denied, 292 Ala. 251, 292 So.2d 139 (1974); Clerk v. State, 50 Ala.App. 670, 282 So.2d 107 (1973); Rice v. State, 46 Ala.App. 12, 237 So.2d 122 (1970). II The appellant, at trial, relied upon the defense of entrapment. Both the Alabama Supreme Court and this Court have held......
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