515 So. 2d 718 | Ala. Civ. App. | 1986
Austin Cason was convicted for the murder of James A. Watts, Jr. and sentenced to life imprisonment.
Cason requested that the following charge be given to the jury:
"Members of the jury, I charge you that if a witness has been convicted of a crime, a felony, such as forgery or carnal knowledge, then he has been impeached and you may disregard his testimony completely."
This charge was refused by the trial judge because "whether the testimony has been impeached is strictly a jury question . . . it's just a jury question as to whether they want to believe him or not." The judge did instruct the jury: "In your discretion, if you see fit to do so, you may disregard the testimony of any witness whom you find to be of bad character and unworthy of belief under oath."
The trial judge's refusal to give Cason's requested charge and his failure to fairly and substantially charge the jury on the legal principle involved constitutes reversible error.Kennedy v. State,
Even if the trial judge's refusal to instruct the jury on criminally negligent homicide constitutes error, that error was harmless. The jury was charged on intentional murder and reckless manslaughter. Here, as in Phelps v. State,
The judgment of the circuit court must be reversed. This cause is remanded for a new trial.
REVERSED AND REMANDED.
All Judges concur.