BARNETT v. STATE

7 Div. 21.

540 So.2d 810 (1988)

James Brett BARNETT v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied January 27, 1989.


Attorney(s) appearing for the Case

Charles A. McGee, Fort Payne, for appellant.

Don Siegelman, Atty. Gen. and J. Thomas Leverette, Asst. Atty. Gen., for appellee.


BOWEN, Judge.

James Brett Barnett was convicted of the intentional murder of Martha West Barnett, his former wife, and sentenced to life imprisonment in the penitentiary. On appeal, he argues that the trial court erred by refusing to charge the jury on the lesser included offense of manslaughter.

Barnett pleaded not guilty and not guilty by reason of mental disease or defect. Prior to trial, he was sent to Taylor Hardin Secure Medical Facility to determine...

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