Pate v. City of Tuscaloosa

MAIN, Justice.

Luther Stancel Pate IV petitioned this Court for a writ of certiorari to review the judgment of the Court of Criminal Appeals, affirming Pate’s conviction for menacing. We granted Pate’s petition to consider, as questions of first impression, whether lawfully arming oneself is a “physical action” so as to fulfill an element of Alabama’s menacing statute, see § 13A-6-23(a), Ala.Code 1975, and whether the defense-of-premises statute, see § 13A-3-25, Ala.Code 1975, is applicable in this case. The Court of Criminal Appeals, in its unpublished memorandum, held that there was…