Gray v. State

Elliott J. Gray, Jr. was indicted and convicted for the murder of Cora Thomas in violation of Alabama Code 1975, §13A-6-2. Sentence was life imprisonment. Three issues are raised on appeal.

I

The trial judge properly refused to instruct the jury on manslaughter as a lesser included offense of murder because there was no rational basis for a conviction for manslaughter.

When the crime charged involves a specific intent, such as murder, and there is evidence of intoxication, the trial judge should instruct the jury on the lesser included offense of manslaughter. Chatham v. State, 92 Ala. 47, 9 So.…