Lucas v. State

The appellant, Leigh Ann Lucas, appeals her conviction for capital murder. The victim was her two-and-one-half-year-old son, and the murder was made capital because the victim was under 14 years of age. See § 13A-5-40(a)(15), Ala. Code 1975. She was sentenced to life imprisonment without parole.

I

The appellant argues that the trial court erred in denying her motion to dismiss count two of the indictment because, she says, the indictment failed to allege the means by which the murder was committed.

Count two of the indictment charged as follows:

"Leigh Ann Lucas . . . did . . . intentionally…