Allen v. State

The appellant was indicted by the Russell County grand jury for the murder of Xavier Terrell Lockett, a nine-month-old infant, in violation of § 13A-6-2, Code of Alabama (1975). Following a jury trial, the appellant was convicted of murder and was sentenced to a term of forty years' imprisonment.

The appellant contends that, with regard to the trial court's oral instructions to the jury pertaining to the charge of intentional murder of Xavier Terrell Lockett, the court erred to reversal in refusing to charge the jury on the lesser included offenses of manslaughter, criminally negligent…