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449 So. 2d 800

Dawson v. State

Court of Criminal Appeals of Alabama

Decided April 10, 1984

Court of Criminal Appeals of Alabama · decided 1984-04-10

Cited by 6 later decisions — most recently July 1992

6 state decisions

Key passage — most relied on by later courts

“[d]efendant has a constitutional right to be informed of the charges against him”

quoted by 2 later decisions, including 516 So. 2d 837 - Biddie v. State, 461 So. 2d 51 - Marsh v. State

“a person commits the crime of murder if, with intent to cause the death of another person he causes the death of that person or of another person, or two, under circumstances manifesting extreme indifference to human life he recklessly engages in conduct which creates a grave risk of death to a person other than himself and thereby causes the death of another person.”

quoted by 1 later decision, including 520 So. 2d 218 - Hall v. State

Relies on 448 So. 2d 404 - Ex Parte Washington

Good law ✅— No negative treatment on recordhow we know

Decided 1984-04-10

View the full empirical analysis of this case →

¶1

¶2Appellant, Garcila Dawson, was indicted by a one-count indictment charging that he intentionally murdered Ronnie Hardy in violation of § 13A-6-2, Code of Alabama 1975. He was convicted of murder and sentenced to a term of twenty years' imprisonment.

¶3We need only address Dawson's first contention of error. He argues that the trial court erred in giving the following charge to the jury in which the jury was instructed they could convict Dawson if they found he acted "recklessly:"

¶4 "A person commits the crime of murder, if, with the intent to cause the death of another person, he causes the death of that other person, or of anyone else, or under circumstances manifesting extreme indifference to human life, somebody recklessly engages in conduct which creates a grave risk of death to a person other than himself, and thereby causes the death of another person. . . .

¶5 "I will go through it again. A person commits the crime of murder if, with the intent, somebody acts with intent when he acts with a purpose of accomplishing that which he accomplishes. So a person commits the crime of murder if, with a purpose to cause the death of somebody, he causes the death of that person, or of anyone, or under circumstances manifesting extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to a person other than himself, and thereby causes the death of somebody other than himself. And recklessly — the law says somebody acts recklessly when he is aware of, and consciously disregards a substantial and unjustifiable risk that the result will occur, or that the circumstances exist. And, that is recklessly."

¶6Dawson contends that, because the indictment alleges that he acted intentionally in *801 causing the victim's death (§ 13A-6-2 (a)(1)), the trial court should not have charged on the reckless murder alternative contained in § 13A-6-2 (a)(2). The Alabama Supreme Court has recently resolved this exact issue in Ex parte Washington,448 So.2d 404 (Ala. 1984). There, the court held that "the trial court erred in giving an instruction on `universal malice' murder. Defendant has a constitutional right to be informed of the charges against him. U.S. Const. amend VI; Ala. Const., art. I § 6." In accordance with Washington, this cause is reversed and remanded.

¶7REVERSED AND REMANDED.

¶8All the Judges concur.

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