Criminal Law and Jury Instructions in Alabama
The Court found the following issue on appeal: “Whether the circuit court erred when it instructed the jury that it could convict Crowe of capital murder if it found that Crowe ‘or another participant’ intended to kill Dailey.” The instructions are conflicting but the court did instruct the jury that an element of intentional murder was whether “the defendant or another participant intended to kill Mr. Dailey.” Crowe did not testify but the State introduced tapes of telephone conversations that Crowe had with his wife and mother while in jail. In those conversations, Crowe stated that he had not killed Dailey and that he had not intended for him to be killed. The judgment of the trial court is due to be reversed. Crowe v. State of Alabama.