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MARSH v. STATE

1 Div. 912.

461 So.2d 51 (1984)

Curtis MARSH v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

December 11, 1984.

Attorney(s) appearing for the Case

James M. Byrd, Mobile, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Curtis Marsh was indicted for "intentional murder" in violation of § 13A-6-2, Code of Alabama 1975. The trial judge instructed the jury on "reckless murder" over the timely objection of Marsh. The jury then returned a verdict of guilty of murder.

On appeal, this court held that there was not a fatal variance between an indictment charging "intentional murder" and an instruction on "reckless murder." See Marsh v. State,

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