Tucker v. State
Supreme Court of Alabama
Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Lon Tucker was convicted of murder in the first degree, and sentenced to the death penalty and he appeals. The following charge was given for defendant: (16) In cases of homicide drunkenness may be material in determining the degree — whether it is murder in the first or second degree. Willfulness, premeditation, and deliberation must concur with malice to constitute murder in the first degree.
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Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Lon Tucker was convicted of murder in the first degree, and sentenced to the death penalty and he appeals. The following charge was given for defendant: (16) In cases of homicide drunkenness may be material in determining the degree — whether it is murder in the first or second degree. Willfulness, premeditation, and deliberation must concur with malice to constitute murder in the first degree. These involve an inquiry into the state of the mind of defendant at the time of the killing, and, as a consequence, it is proper to…
1Opinion of the Court
'SAYRE, J.
[1-3] This court is unwilling to reverse the judgment in this case on the trial court’s refusal of charges 17, 18, and 19, requested by -the defendant. It is true these charges are taken from the opinion in King v. State, 90 Ala. 612, 8 South. 856, where it was held that they should have been given. With deference, we entertain the opinion that these charges are open to criticism for the reason that to instruct the jury that drunkenness or intoxication may sometimes operate to rebut the existence of malice, or that a man may in many instances be so drunk as to be incapable of…
2Cases cited2 opinions
- McPherson v. StateSupreme Court of Alabama · 1916
- King v. StateSupreme Court of Alabama · 1891
3Cited by18 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Peterson v. StateSupreme Court of Alabama · 1933
- Stone v. StateSupreme Court of Alabama · 1922
- Commander v. StateCourt of Criminal Appeals of Alabama · 1978
- Montgomery v. StateSupreme Court of Alabama · 1920
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