Biddie v. State
Biddie v. State
Opinion
The defendant, Grover Lewis Biddie, was convicted of murder and was sentenced as a habitual offender to life imprisonment without parole. On November 12, 1986,
Although not preserved by objection, the Court of Criminal Appeals held that the trial court's oral charge was obvious error and reversed. In Ex parte Washington,
Ex parte Washington, 448 So.2d at 406.In order to preserve alleged error in the trial court's oral instructions to the jury, the objection must be made prior to the jury's retirement for deliberation, Johnson v. State,
421 So.2d 1306 (Ala.Cr.App. 1982), but it need not be made in their presence. A.R.Crim.P., Temp. Rule 14. The objection must be specific enough to point out the alleged error so as to allow the judge to correct the error. Crumpton v. State,402 So.2d 1081 (Ala.Cr.App. 1981). [Emphasis added.]
Showers v. State,It is likewise clear that when a party contends that the trial court committed reversible error in making charges or comments to the jury, the error can not be raised for the first time on appeal. Fuller v. State,
269 Ala. 312 , *Page 847113 So.2d 153 (1959); Hassell v. State,342 So.2d 1357 (Ala.Crim.App. 1977). Absent an objection to an alleged error and a ruling by the trial court, there is nothing for this Court to review. Cox v. State,280 Ala. 318 ,193 So.2d 759 (1967) (where there is no objection to oral charge there is no reviewable issue). . . . [Emphasis added.]
The Court of Criminal Appeals held that the predicate of an objection is no longer required because of Rule 45B, A.R.A.P., which was made effective January 1, 1982. A.R.Crim.P. Temp. Rule 14 mandates that a party object to an erroneous oral charge prior to the jury's retiring, in order to preserve the error for appellate review. Rule 14 went into effect six months after Rule 45B and was cited in Ex parte Washington, supra; however, the Court of Criminal Appeals held that Rule 14 should be interpreted in light of Rule 45B and that errors that are "plain" or "obvious" require no objection predicate. We disagree.
Prior to the adoption of Rule 45B, the Court of Criminal Appeals was required to "search the record" for error in every case. §
In all cases appealable to the court of criminal appeals, the court must consider all questions apparent on the record or reserved in the circuit court and must enter such judgment as the law demands. (Code 1876, § 4990; Code 1886, § 4509; Code 1896, § 4333; Code 1907, § 6264; Code 1923, § 3258; Code 1940, T. 15, § 389.)
Although the Court of Criminal Appeals was required to "search the record" for error, the requirement that the error be preserved was not abolished.
Title 15, § 389, Code of Alabama 1940, [the immediate predecessor of §
12-22-240 ] requires that this Court must "consider all questions apparent on the record or reserved by bill of exception (now transcript of the evidence) and must render such judgment as the law demands." This statute does not mean that in a case of this kind a review will be made of questions which were not properly raised in the trial court.
(Citations omitted.) Harris v. State,
Rule 45B abolished the "search the record" requirement of §
REVERSED AND REMANDED WITH INSTRUCTIONS.
TORBERT, C.J., and MADDOX, JONES, SHORES, BEATTY, HOUSTON and STEAGALL, JJ., concur.
Reference
- Full Case Name
- Ex Parte State of Alabama. (Re Grover Lewis Biddie v. State of Alabama).
- Cited By
- 78 cases
- Status
- Published