BIDDIE v. STATE

6 Div. 179.

516 So.2d 837 (1986)

Grover Lewis BIDDIE v. STATE.

Court of Criminal Appeals of Alabama.

As Modified on Denial of Rehearing January 13, 1987.


Attorney(s) appearing for the Case

C. Burton Dunn, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and James B. Prude, Asst. Atty. Gen., for appellee.


TYSON, Judge.

Grover Lewis Biddie was charged in a one-count indictment with the intentional murder of Myrtie Bell Black. During the trial court's oral charge to the jury, the trial judge instructed the jury on the offense of "reckless murder" and on the offense of "intentional murder" even though the indictment contained only the charge of "intentional murder." The relevant portion of the court's oral charge is as follows:

"I know that this may not be easy...

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