Opinion

Albert v. State

  • 488 So. 2d 34
  • 1986 Ala. Crim. App. LEXIS 6013
Court
Court of Criminal Appeals of Alabama
Filed
Apr 8, 1986
Status
Published
Author
Bowen
On the bench
Tyson, Taylor, Patterson, McMillan, Bowen
Cited by
1 cases

Bowen, P.J., concurring `specially

How later courts described this case

  • Bowen, P.J., concurring `specially

Written by the judges who cited it.

The opinion

BOWEN, Presiding Judge,

concurring specially.

I disagree with any interpretation of this opinion which authorizes any expansion of the traditional concept of the “imperfect defense” doctrine. “The doctrine has never been formalized under Alabama law, except to the extent that sometimes whether defendant acted reasonably or rashly, hastily or without good judgment, becomes a state of mind closer to ‘negligence’ than ‘malice’ or ‘intentional’, and is placed by the jury in a manslaughter category.” Alabama Code 1975, § 13A-6-4 Commentary.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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