State v. Burns
| Decision Date | 05 March 1976 |
| Parties | In re STATE of Alabama v. Robert Spencer BURNS. Ex parte State of Alabama. SC 1670. |
| Court | Alabama Supreme Court |
Petition for Writ of Certiorari to Court of Criminal Appeals, 57 Ala.App. 281, 327 So.2d 920.
William J. Baxley, Atty.Gen., and Randolph P. Reaves, Asst.Atty.Gen., for the State.
WRIT DENIED.
I concur to deny the writ because of the erroneous instructions given by the trial judge.
I must respectfully disagree with the opinion of the Court of Criminal Appeals insofar as it seems to imply that failure to instruct on "guilty scienter" constituted reversible error. The Supreme Court of Alabama has never reversed a trial judge, to my knowledge, for failing to instruct. When a trial judge's instructions are not as full as defendant's counsel desires, the remedy is to request instructions explaining defendant's theory of the case. Smith v. State, 262 Ala. 584, 80 So.2d 307 (1955).
Nor, are the references in the Court of Criminal Appeals' opinion to the Alabama Rules of Civil Procedure apt. This Court specifically provided in Rule 1, A.R.C.P., that these rules apply only to civil cases. Therefore, any reference to Rule 51 is ill advised and misleading to bench and bar, in my judgment.
To continue reading
Request your trial
-
Malone v. State, 8 Div. 36
...accused. Corbin v. State, 55 Ala.App. 33, 312 So.2d 604 (1975); Burns v. State, 57 Ala.App. 281, 327 So.2d 920, cert. denied, 295 Ala. 423, 327 So.2d 927 (1976); Roberts v. State, 349 So.2d 89 (Ala.Crim.App.), cert. denied, 349 So.2d 94 (Ala.1977); Lee v. State, 350 So.2d 743 (Ala.Crim.App.......
-
Simpson v. State
... ... Smith v. State, 262 Ala. 584, 80 So.2d 307 (1955). Justice Bloodworth in a concurring opinion in State v. Burns, 295 Ala. 423, 327 So.2d 927 (1976) cited Smith and stated: ... " ... The Supreme Court of Alabama has never reversed a trial judge, to my knowledge, for failing to instruct. When a trial judge's instructions are not as full as defendant's counsel desires, the remedy is to request instructions ... ...
-
Crear v. State
...402 (1959); Knight v. State, 273 Ala. 480, 142 So.2d 899 (1962); Burns v. State, 57 Ala.App. 281, 327 So.2d 920, cert. denied 295 Ala. 423, 327 So.2d 927 (1975); Magouirk v. State, Ala.Cr.App., 339 So.2d 168 (1976); Aldridge v. State, Ala.Cr.App., 351 So.2d 656, cert. denied 361 So.2d 658 T......
-
Lewis v. State, 6 Div. 701
... ... Bowens v. State, 54 Ala.App. 491, 309 So.2d 844 (1974), cert. denied, 293 Ala. 746, 309 So.2d 850; Ford v. State, 51 Ala.App. 162, 283 So.2d 614 (1973). In the case of In re State v. Burns, 295 Ala. 423, 327 So.2d 927 (1976), Justice Bloodworth, in a special concurrence, stated: ... " ... The Supreme Court of Alabama has never reversed a trial judge, to my knowledge, for failing to instruct. When a trial judge's instructions are not as full as defendant's counsel desires, the ... ...