Harrison v. State

Carl M. Harrison, Jr., was convicted for murder and was sentenced to life without parole as a habitual felony offender. He raises two issues on this appeal from that conviction.

I

A person who denies committing the offense charged is entitled to a jury instruction on a lesser included offense supported by any evidence. Ex parte Stork, 475 So.2d 623 (Ala. 1985). Here, the trial judge properly refused to instruct the jury on manslaughter as a lesser included offense of murder because, although there was some evidence to support an argument that the defendant killed the victim "due to a sudden…