# Albert v. State

> Court of Criminal Appeals of Alabama · April 8, 1986 · 488 So. 2d 34

URL: https://www.frixlaw.com/law-library/cases/7549261

## Case

- **Full name:** Alan Lenair Albert v. State.
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** April 8, 1986
- **Citations:** 488 So. 2d 34; 1986 Ala. Crim. App. LEXIS 6013
- **Precedential status:** Published
- **Opinion:** Concurrence by Bowen
- **Judges:** Tyson, Taylor, Patterson, McMillan, Bowen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7549261

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7549261. Public record. Not legal advice.