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Edwards v. State
570 So. 2d 829 (Ala. Crim. App. 1990)3 Citing cases
Collier v. State
293 So. 3d 961 (Ala. Crim. App. 2019) Cited 10 timesHolding that "the Split Sentence Act no longer grants the trial court the authority to split a sentence for a misdemeanor offense"
580 So.2d at 53. Lastly, Collier cites Edwards v. State, 570 So.2d 829, 830 (Ala. Crim. App. 1990), in support of his position that, because evidence in his case tended to show that the shooting was accidental, he could not be found guilty of criminally negligent homicide. Collier quotes the following from Edwards:
McLaughlin v. State
586 So. 2d 267 (Ala. Crim. App. 1991) Cited 21 timesDefining recklessness under § 13A-6-3 (reckless manslaughter) as being present when the actor "`"consciously disregard a substantial and unjustifiable risk that his conduct would cause that result"'" (quoting Ex parte Weems, 463 So. 2d 170, 172 (Ala. 1984))
It is an unintended homicide which occurs in the course of performing a lawful act, without criminal negligence." 2 C. Torcia, Wharton's Criminal Law § 136 (14th ed. 1979) (quoted in Edwards v. State, 570 So.2d 829, 830 (Ala.Cr.App. 1990)) (emphasis added). " 'If by misfortune or misadventure, while in the performance of a lawful act, exercising due care, and without intention to do harm, human life is taken, the law will excuse.
McLeod v. State
581 So. 2d 1144 (Ala. Crim. App. 1990) Cited 83 timesFinding no error in the joinder of four counts of unlawful distribution of cocaine because all four offenses were clearly of the same character
See Salazar v. State, 505 So.2d 1287, 1289-90 (Ala.Cr.App. 1986). Compare Edwards v. State, 570 So.2d 829 (Ala.Cr.App. 1990). Moreover, this issue was not properly preserved for our review since the trial court never ruled on the request.