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677 So. 2d 1211

Harris v. State

Court of Criminal Appeals of Alabama

Decided February 10, 1995

Court of Criminal Appeals of Alabama · decided 1995-02-10

Relies on 659 So. 2d 210 - Fox v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-10

How this case has been cited

Cited by 9 later decisions — most recently July 2017

8 state decisions

40199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McMILLAN, Judge.

¶1AFFIRMED. NO OPINION.

All Judges concur except TAYLOR, P. J., who dissents with opinion, and COBB, J., who joins the dissent.TAYLOR, Presiding Judge

¶2(dissenting).

¶3I respectfully dissent from the unpublished memorandum in this case.

¶4The appellant, who was charged with and convicted of murder made capital under § 13A-5-40(a)(16) and (a)(18), argues that the court erred in refusing to instruct the jury on reckless murder as a lesser included offense. The majority concludes that this issue was not preserved for appellate review. I do not agree. The record reveals that the court, in response to appellant’s counsel’s request for the charge, specifically stated that reckless murder was not a lesser included offense of capital murder. This issue was specifically preserved for appellate review.

¶5Moreover, in Fox v. State, 659 So.2d 210 (Ala.Cr.App.1994), we held that reckless murder may be a lesser included offense of the capital offense defined in § 13A-5-40(a)(16).

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