Ex Parte Washington

Defendant James Lee Washington was indicted on a one-count indictment charging that he intentionally murdered Nathaniel Walker. Washington was convicted of murder in the Circuit Court of Jefferson County, and the conviction was affirmed by the Court of Criminal Appeals, 448 So.2d 409.

During the trial court's oral charge, the judge gave a lengthy charge as to the definition of "recklessness" and told the jury they could convict Washington of murder if they found that he acted "recklessly." The one-count indictment, however, only alleged that Washington acted "intentionally" in causing the…