State v. Davis

MOORE; Chief Justice

(dissenting).

“A defendant is constitutionally entitled to be informed of the nature and the cause of the accusation against him. U.S. Const, amend. VI; Ala. Const, art. I, § 6.” Ex parte Washington, 448 So.2d 404, 407 (Ala.1984). In this case, I believe that Kevin James Davis was deprived of his constitutional rights because his indictment “apprised [him] of the charge against him but he could not know the contentions of the state as to how he committed [the charged offense of manslaughter].” Nelson v. State, 50 Ala.App. 285, 288, 278 So.2d 734, 737 (Crim.App.1973). I…