504 So. 2d 743 | Ala. Crim. App. | 1987
Oscar Lee, Jr. was indicted for murder in violation of §
The evidence presented by the State tended to show that the victim in the case, Nathaniel "Chet" Burney, died as a result of knife wounds inflicted by the appellant, Oscar Lee, Jr., while the two were engaged in a fight on December 13, 1985. The victim had been quarreling with his girlfriend, Ms. Patricia Harris, prior to the knifing. The appellant, who had dated Harris the previous summer, intervened when the victim hit Harris in the face. At one point, the victim lunged at the appellant. The appellant then grabbed the victim and began stabbing him in the back with a knife. He eventually stabbed the victim in the chest. The chest wound was determined to be the cause of death.
The victim was unarmed at the time of the knifing. The evidence was in conflict as to whether or not the victim reached for his pocket as he lunged at the appellant.
The incident occurred at the home of Ms. Jessie Cochran in Dothan, Alabama. Cochran *744 testified that she first saw the victim when he arrived at her home around 8:00 p.m. She left her home soon thereafter. When she returned sometime before 9:00 p.m., Ms. Harris and the appellant were there, and Harris and the victim were engaged in an argument. When asked whether or not the appellant was a "guest" in her home at the time of the knifing, Ms. Cochran replied that he was there when she got home. She stated that the victim had been a guest. Ms. Cochran told the appellant and the victim that they would have to leave if they did not quit fighting.
"DEFENDANT'S REQUESTED JURY INSTRUCTION NO. 13
"I charge you, members of the jury, that if, without his fault, a guest in the home of another, was assaulted there by another, the law imposed (sic) on him no duty to retreat therefrom, but he has a right to stand his ground and defend himself even to the taking of the life of his assailant.
"Given Refused X"
"DEFENDANT'S REQUESTED JURY INSTRUCTION NO. 14
"I charge you, members of the jury, that if the defendant was a guest of the owner or occupants of the house, there by invitation, while in the house in that capacity the law arms him with the right to defend himself against an unlawful assault from outsiders, he being free from fault, and to employ all necessary force to protect his own life or his person from grievous harm. For this purpose and under these circumstances, he is armed with the same rights of self-defenses (sic) as if he had been the owner of the house, as to all persons except its lawful occupants.
"Given Refused X"
(R. 222)
The appellant argues that the jury should have had the opportunity to determine whether or not he was a guest in Ms. Cochran's home and, therefore, had no duty to retreat before using deadly force in self defense against the victim in this cause.
Due to the fact that these charges do not bear the signature of the trial judge, this court is not obligated to consider the appellant's contention concerning them on appeal. Woods v.State,
However, even had this issue been properly presented for our review, we would have found the appellant's contention to be without merit. Neither charge was applicable to the evidence presented at trial. Martin v. City of Montgomery,
Furthermore, we note that both of the charges were grammatically defective, (see White v. State,
Having found this appellant's sole contention on appeal to be without merit, this cause is due to be and is, hereby, affirmed.
AFFIRMED.
All the Judges concur.
BOWEN, P.J., in result only. *745