Killing in duel is not a lesser included offense of murder in the first degree since duelling contains the elements of a one-to-one fight with deadly weapons not necessarily required for the crime of murder in the first degree
Summary of this case from Whirley v. State79-842.
December 2, 1980.
Certiorari to the Court of Criminal Appeals, 391 So.2d 140.
WRIT DENIED-NO OPINION.
TORBERT, C.J., and JONES, SHORES and BEATTY, JJ., concur.
Killing in duel is not a lesser included offense of murder in the first degree since duelling contains the elements of a one-to-one fight with deadly weapons not necessarily required for the crime of murder in the first degree
Summary of this case from Whirley v. StateFull title:Ex parte State of Alabama ex rel. Attorney General. (Re: James W. PAYNE v…
Court:Supreme Court of Alabama
Date published: Dec 2, 1980
"As appellant Smith correctly states, `to be a lesser included offense of one charged in an indictment, the…
Williams v. StateIn Ford v. State, 612 So.2d 1317 (Ala.Crim.App.1992), this Court explained: “ ‘ “[T]o be a lesser included…