Corbin v. State
Corbin v. State
Opinion
Larry Benjamin Corbin was indicted for intentional murder in violation of §
"No party may assign as error the court's . . . failing to give a written instruction, . . . unless he objects thereto . . ., stating the matter to which he objects and the grounds of his objection." A.R.Crim.P. (Temp.) 14. The appellant's counsel objected *Page 430
to the trial court's failure to give 28 numbered jury charges because they were "true and correct statements of law". (R. 266). Only six of the charges concerned manslaughter or criminally negligent homicide. Counsel's objection does not satisfy the requirement that the grounds of an objection be stated with particularity and, therefore, he failed to preserve this issue for review. Bogan v. State,
Even if this issue had been properly preserved, we have carefully reviewed the record and find that the trial court properly refused the requested charges. "The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of that offense." Ala. Code §
The appellant appears to rely in part on evidence concerning his history of mental illness to support his argument that a charge on the lesser offenses should have been given. This argument has no merit since even an extreme emotional or mental disturbance does not reduce murder to manslaughter. Gray v.State,
The extent of the voir dire examination is largely discretionary with the trial court. Jennings v. State,
Since the record does not contain the voir dire portion of the trial record, this court cannot determine if there was an abuse of discretion. See Fuller v. State,
For the reasons stated above, this cause is due to be and is, hereby, affirmed.
AFFIRMED.
All the Judges concur.
Reference
- Full Case Name
- Larry Benjamin Corbin v. State.
- Cited By
- 8 cases
- Status
- Published