Whirley v. State

Kenneth Whirley was indicted for murder pursuant to § 13A-6-2 (a)(2), Code of Alabama 1975, in that he "did recklessly engage in conduct which manifested extreme indifference to human life and created a grave risk of death to a person other than the said Kenneth Whirley, and did thereby cause the death of Charles Lockett and Michael Lockett by running into the vehicle in which they were riding with a motor vehicle. . . ."

At trial, the court instructed the jury that they were authorized to find the defendant guilty of murder or of any of the lesser included offenses of manslaughter, criminally…