Marsh v. State

Curtis Marsh was indicted for "intentional murder" in violation of § 13A-6-2, Code of Alabama 1975. The trial judge instructed the jury on "reckless murder" over the timely objection of Marsh. The jury then returned a verdict of guilty of murder.

On appeal, this court held that there was not a fatal variance between an indictment charging "intentional murder" and an instruction on "reckless murder." See Marsh v. State,418 So.2d 191, (Ala.Crim.App.), cert. denied, 418 So.2d 191 (Ala. 1982).

Subsequent to our decision in Marsh, supra, the Alabama Supreme Court in Ex Parte Washington, 448 So.2d…