591 So. 2d 133 | Ala. Crim. App. | 1991
The appellant, Joseph Edward Adler, was originally charged with rape in the first degree but was ultimately convicted of the lesser included offense of sexual abuse in the first degree, a violation of §
The report allegedly contained the victim's initial denial of sexual contact with the appellant as well as a statement from the victim's mother which suggested that someone other than the appellant might have abused the victim. In his brief, the appellant maintains that had this information been disclosed to him, an effective defense to the charges could have been formulated and that, without such disclosure, his due process rights were violated.
This court has previously determined that "[e]ven where there is total nondisclosure of information the test is whether the use of the information at trial would have changed the result by creating a reasonable doubt where one did not otherwise exist." Raines v. State,
The record clearly indicates that the appellant was informed of all possible exculpatory information contained in the D.H.R. report prior to the presentation of his case. Therefore, we find no injury to the appellant that would warrant reversal.
"When it is impossible to commit a particular crime without concomitantly committing, by the same conduct, another offense of lesser grade or degree, the latter is, with respect to the former, a `lesser included offense.' " Black's Law Dictionary
812 (rev. 5th ed. 1979). According to §
Instructions on lesser included offenses must be given to the jury when there is "any reasonable theory from the evidence which would support the position." Kennedy v. State,
For the foregoing reasons, this case is due to be, and it is hereby, affirmed.
AFFIRMED.
All the Judges concur.