Kirkpatrick v. State

Stephen Timothy Kirkpatrick was indicted and convicted for the murder of Corey Miles Hoffman, a 15-month-old infant, "by blow or blows to the head and neck area, with hand or other instrument, in violation of § 13A-6-2 of the Code of Alabama [1975]. . . ." The sentence was life imprisonment. Three issues are raised on appeal.

I

Kirkpatrick contends that the trial court erred in refusing to instruct the jury on the lesser included offense of manslaughter because 1) evidence presented to the jury included a basis for it to find that Kirkpatrick "recklessly caused the death of another person", and…