5 Alabama opinions name it 2 courts 1963–1994 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ex Parte State of Alabamagreen2 sentences1990Only after the court delivered its oral charge to the jury did Kirkpatrick orally request that the court instruct the jury on the lesser included offense of manslaughter. 1 In Connolly v. State , 500 So.2d 68 , 69 (Ala. 1986), the Supreme Court of Alabama held that "according to Temporary Rule 14, A.R.Crim.P., an oral objection to the omission of a jury instruction is sufficient to preserve error on appeal, even though the instruction was not submitted in writing, but was orally requested. " (Emphasis added.) In Connolly, prior to the court's oral charge, defense counsel requested the court to 1990Only after the court delivered its oral charge to the jury did Kirkpatrick orally request that the court instruct the jury on the lesser included offense of manslaughter. [1] In Connolly v. State, 500 So.2d 68, 69 (Ala.1986), the Supreme Court of Alabama held that "according to Temporary Rule 14, A.R.Crim.P., an oral objection to the omission of a jury instruction is sufficient to preserve error on appeal, even though the instruction was not submitted in writing, but was orally requested. " (Emphasis added.) In Connolly, prior to the court's oral charge, defense counsel requested the court to | 1 | 2 |
Cox v. Stategreen2 sentences1992Cox v. State, 500 So.2d 1296, 1299 (Ala.Cr.App.1986). 1992Cox v. State , 500 So.2d 1296 , 1299 (Ala.Cr.App. 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sartin v. State
green
1 sentence1994In Sartin v. State , 601 So.2d 1142 , 1146 (Ala.Cr.App. 1992), this Court stated: "To preserve th[e] issue [of the trial court's refusal to charge the jury on a lesser included offense] for appellate review, defense counsel must request, either orally or in writing, that the court give an instruction on a specific lesser included *Page 666 offense before 1 the court's charge to the jury, and defense counsel must also object to the court's failure to include the requested lesser included offense charge at the close of the court's charge. " (Original emphasis deleted; current emphasis and footno | 1 | 1994–1994 |
Herbert v. Huie
green
1 sentence1963Herbert v. Huie, 1 Ala. 18 ; 34 Am. | 1 | 1963–1963 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.