Ex Parte Musgrove.
Ex Parte Musgrove.
Opinion
Phillip Musgrove was convicted of capital murder and kidnapping, Ala. Code 1975, §
The facts are set forth in the opinion of the Court of Criminal Appeals in this case,
Musgrove presents eight issues for our review.
The United States Supreme Court has held that in order for a federal constitutional error to be held harmless, the court must find beyond a reasonable doubt that the error did not contribute to the conviction. Fahy v. Connecticut,
In the instant case, we find that the admission of the bayonet could not reasonably have contributed to the verdict. Musgrove admitted that he killed the victim and identified the knife that he had used. He also admitted that he carried a bayonet in his car, but testified that he did not use it on the victim. In addition, Musgrove's only defense was insanity. Thus, the only triable issue was whether Musgrove was legally culpable for his acts. Given these circumstances, we conclude that the admission of the bayonet into evidence could not reasonably have contributed to Musgrove's conviction and, therefore, was harmless.
AFFIRMED.
TORBERT, C.J., and MADDOX, JONES, SHORES, BEATTY, ADAMS and HOUSTON, JJ., concur.
Reference
- Full Case Name
- Ex Parte Phillip K. Musgrove. (Re Phillip Musgrove v. State).
- Cited By
- 62 cases
- Status
- Published