Harris v. State

On Application for Rehearing

The unpublished memorandum released March 26, 1999, is hereby withdrawn and the following opinion is substituted therefor. We are granting the Rule 39(k), Ala.R.App.P., motion and affirming.

Derek Harris was indicted for murder. The jury found Harris guilty of the lesser-included offense of manslaughter under §13A-6-3(a)(2), Ala. Code 1975, which defines heat-of-passion manslaughter. Harris was sentenced as a habitual felony offender to life imprisonment.

Facts

On June 30, 1996, Elijah Causey went to Patricia and Fred McCary's house, which was behind Elijah's house.…