Ashley v. State

The appellant, Mike Shannon Ashley, was convicted of murder made capital because the murder occurred during a burglary. § 13A-5-40(a)(4), Code of Alabama 1975. The jury, by a vote of 10 to 2, recommended the death penalty. The trial court accepted the jury's recommendation and sentenced the appellant to death by electrocution.

Because we reverse the judgment in this cause, we will address only those issues that may be raised in any subsequent proceedings.

I

The appellant argues that the trial court erred in failing to charge the jury on intoxication and manslaughter. This issue was preserved for…