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463 So. 2d 173

Weems v. State

Court of Criminal Appeals of Alabama

Decided January 22, 1985

Court of Criminal Appeals of Alabama · decided 1985-01-22

Cited by 2 later decisions — most recently May 1987

2 state decisions

Relies on 452 So. 2d 508 - Ex Parte Edwards · 463 So. 2d 170 - Ex Parte Weems · 452 So. 2d 506 - Edwards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-22

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PATTERSON, Judge.

¶1Appellant was convicted of murder by a Houston County jury and sentenced to thirty years in the penitentiary. This court, per Judge Hubert Taylor, affirmed that conviction. Weems v. State, 463 So.2d 168 (Ala.Crim.App.1984). After granting cer-tiorari, the Alabama Supreme Court, 463 So.2d 170, reversed and remanded the case to this court on the grounds that the evidence was insufficient to support a conviction of murder. The Supreme Court stated, however, that the prosecution did prove all the elements of manslaughter and that “[t]hese facts would, therefore, sup*174port a conviction of manslaughter, but not murder.”

¶2The instant case, therefore, presents a clear factual situation to which the doctrine of Edwards v. State, 452 So.2d 506 (Ala. Crim.App.1983), affirmed, 452 So.2d 508 (Ala.1984), may be applied. For a review and application of the Edwardsdoctrine by this court see Pack v. State, 461 So.2d 910 (Ala.Crim.App.1984).

¶3On the authority of Edwards v. State, supra, we reverse and render in part, the judgment of the trial court, and remand this case with instructions that the trial court enter a judgment of guilty on the charge of manslaughter and sentence appellant accordingly. Upon completion of the actions directed, due return to this court shall be made by the trial court.

¶4REVERSED AND RENDERED, IN PART; REMANDED FOR PROPER SENTENCING.

All Judges concur.
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