Lowery v. State

BLOOD WORTH, Justice.

The State’s petition for writ of certiorari seeking to review and revise the decision and judgment of the Court of Criminal Appeals in Lowery v. State of Alabama, 54 Ala.App. -, 317 So.2d 357, was granted on the ground that “a material question requiring decision is one of first impression in Alabama.”

The Court of Criminal Appeals reversed and remanded defendant’s conviction for murder in the second degree holding that the trial judge erred in charging the jury that:

“Malice, in the common acceptation, malice means hatred or ill will toward another; but in law, malice…