Harrison v. State

I believe that this case is distinguishable from Sullens v.State, 878 So.2d 1216 (Ala.Crim.App. 2003), an opinion in which Judge Cobb and I concurred in part and dissented in part, in that, here, the trial court constructively amended the indictment by charging the jury on the necessary culpable mental state. InSullens, the indictment did not allege, and the jury was not instructed on, any culpable mental state. The Alabama Supreme Court has held that a trial court's instructions to the jury may constitute an amendment to the indictment. See Ash v. State,843 So.2d 213 (Ala. 2002). See also…