Tucker v. State

Decision Date09 May 1918
Docket Number5 Div. 701
Citation202 Ala. 5,79 So. 303
PartiesTUCKER v. STATE.
CourtAlabama Supreme Court

Rehearing Denied June 20, 1918

Appeal from Circuit Court, Chambers County; S.L. Brewer, Judge.

Lon Tucker was convicted of murder in the first degree, and sentenced to the death penalty and he appeals. Affirmed.

Mathews & Mathews, of Bessemer, for appellant.

F. Loyd Tate, Atty. Gen., for the State.

SAYRE J.

This court is unwilling to reverse the judgment in this case on the trial court's refusal of charges 17, 18, and 19 requested by the defendant. It is true these charges are taken from the opinion in King v. State, 90 Ala 612, 8 So. 856, where it was held that they should have been given. With deference, we entertain the opinion that these charges are open to criticism for the reason that to instruct the jury that drunkenness or intoxication may sometimes operate to rebut the existence of malice, or that a man may in many instances be so drunk as to be incapable of entertaining a specific intent, or may render the accused incapable of forming or entertaining a certain necessary specific intent, is not to instruct the jury in that principle of law upon which courts and juries must proceed in dealing with crime as affected by the drunkenness of the criminal. These charges tended to mislead the jury to the conclusion (charge 17) that the drunkenness or intoxication shown in the particular case, though it was clearly open to the jury to draw widely different inferences as to its extent and effect upon the mental faculties of the accused, was sufficient to require--for to permit in such cases is to require--a finding that accused was incapable of forming or entertaining some undefined specific intent necessary to constitute the crime charged, or (charges 18 and 19) that they might so find for the reason that sometimes or in many cases such finding is proper. But it is not necessary to indulge this criticism of the charges, for the proposition of law which it is assumed defendant wished to get before the jury had full statement in charges 16 and 20 given by the court on his request. Not only so, but the same proposition was laid down by the court in its oral charge to the jury. The court did say that:

"Voluntary drunkenness is no excuse for any crime, *** and in this case it is not available as an excuse; *** it neither excuses the offense nor avoids the punishment which the law fixes when the character of the
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18 cases
  • Long v. State
    • United States
    • United States State Supreme Court of Mississippi
    • May 9, 1932
    ......Dec. 484; Crawford v. State, 57. So. 393; State of New Mexico v. Claude M. Cooley (N. M.), 140 P. 111, 52 L.R.A. (N.S.) 230; Charles A. Atkins v. State of Tennessee, 105 S.W. 353; 13 L.R.A. (N.S.) 1031; State of West Va. v. James Kidwell, 59. S.E. 494, 13 L.R.A. (N.S.) 1024; Tucker v. State, 79. So. 303; Laws v. State, 42 So. 40; Locklear v. State, 87 So. 708; Williams v. State, 69 So. 376; Brown v. State, 38 So. 268; Henninburg v. State, 43 So. 959; Hill v. State, 64 So. 163;. Cagle v. State, 100 So. 318; Whitten v. State, 22 So. 483; Folks v. State, ......
  • Anderson v. State
    • United States
    • Supreme Court of Alabama
    • November 2, 1922
    ...639, 89 So. 43; McPherson v. State, 198 Ala. 5, 73 So. 387; Ex parte State (Montgomery v. State) 204 Ala. 389, 85 So. 785; Tucker v. State, 202 Ala. 5, 79 So. 303; Well Supply Co. v. W. Huntsville C. M. Co., 198 Ala. 501, 73 So. 899. A jury question being presented on the issue of fact of t......
  • Jolly v. State
    • United States
    • Alabama Court of Criminal Appeals
    • March 17, 1981
    ...quality of the act he intended to do. 'It was enough that he intended to do what he did, if that was unlawful.' Tucker v. State, 202 Ala. 5 at 6, 79 So. 303 at 304 (1918). "Murder in the second degree includes those cases which are not accompanied with the intent to take life but are commit......
  • Commander v. State, 4 Div. 613
    • United States
    • Alabama Court of Criminal Appeals
    • July 25, 1978
    ...quality of the act he intended to do. "It was enough that he intended to do what he did, if that was unlawful." Tucker v. State, 202 Ala. 5 at 6, 79 So. 303 at 304 (1918). Murder in the second degree includes those cases which are not accompanied with the intent to take life but are committ......
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