Black v. State

Charles Randall Black, the appellant, was convicted of vehicular homicide in violation of Ala. Code 1975, § 32-5A-192, and was sentenced to five years' imprisonment. In addition, he was ordered to pay $3500 restitution. He raises three issues on this appeal from that conviction.

I

The appellant argues that the trial court erred in charging the jury on vehicular homicide as a lesser included offense of murder.

The indictment contained two counts charging universal malice murder in violation of Ala. Code 1975, § 13A-6-2(a)(2). Count one charged that the appellant "did, recklessly engage in conduct…