77.) The first thing I said to him was, It was only a misdemeanor. He told his colleagues at the Birmingham Police Department that Kerry Spencer and Nathaniel Woods, lifelong friends who had been dealing and using drugs at the pea green one-story house in the Ensley section of the city, were responsible for the killings. Take that badge and gun off, I'll fuck you up. (R. And now that Kerry is gone, the only thing I can say is this: At least 2 of the most handsome men are united "together" in Heaven. Coon v. State, 494 So.2d 184, 187 (Ala.Crim.App.1986) (quoting Government of the Virgin Islands v. Carmona, 422 F.2d 95, 99 n. 6 (3d Cir.1970)). [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. Terry Spencer Obituary, Death - Visitation & Funeral Plans - Death-Obituary.com Terry Spencer Obituary, Death - Terry Spencer, a teacher at Sto-Rox Upper Elementary School has passed away, the full obituary is currently unavailable. This was the sum total of the non-statutory mitigating evidence offered by [Spencer]. Thus, although Spencer may not have formally requested a continuance, the actions he sought the trial court to undertake, of necessity, were the functional equivalent of a continuance. Woods' alleged accomplice, Kerry Spencer, confessed to being the sole gunman who killed the officers with a high-powered weapon, but separate juries convicted him and Woods of four capital murder charges, including killing the officers in the course of committing another crime. In his amended sentencing order on return to second remand, the trial court now states as follows: There was evidence during the guilty phase of trial that [Spencer] had ingested cocaine the night before the shooting of these officers. On the morning of the shooting, he went to take a nap. A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. 1619.) View Perry Spencer's obituary, contribute to their memorial, see their funeral service details, and more. My heart goes out to you at this time and in the days ahead. According to Spencer, sometime between 6:00 a.m. and 8:00 a.m. on the morning of the shootings, he was awakened by someone kicking on the front door; he stated that the sound was different than when customers knocked on the door and that their business was always conducted at the back door, so he immediately knew it was not related to his drug business. In Pilley this Court provided guidance as to what evidence would be required to form that evidentiary foundation. Spencer concedes that much of the evidence was admitted without objection; that the defense also introduced evidence and argument regarding his possession of a firearm and that sales of illegal drugs took place at the apartment; and that much of the evidence was admissible at trial. As noted above, ironically in one of the very cases relied upon by Spencer on appeal, the court's duty to issue subpoenas on an accused's behalf does not require the court to grant a motion for a continuance or a motion for an attachment. (R. The sentence of death in this case is neither excessive nor disproportionate to the penalties imposed in similar cases, considering both the crime and Spencer. Woods and Kerry Spencer were convicted of capital murder and sentenced to death in the slayings of the three Birmingham officers that rocked Alabama's largest city that year. Randall Washington testified that he was working on Courtney Spencer's automobile in front of the apartment at the time the officers arrived. As this Court explained in King v. State, 478 So.2d 318 (Ala.Crim.App.1985): The general rule is that every accused is entitled to have charges given, which would not be misleading, which correctly state the law of his case, and which are supported by any evidence, however weak, insufficient, or doubtful in credibility. Chavers v. State, 361 So.2d 1106, 1107 (Ala.1978). I've got to make the call, I'm sorry, I'm not going to delay this trial-sit around here all day with the jury tied up back there with nothing else to do but sit in the jury room while some futile effort is made to locate a witness we all know is never going to testify. He stated that he was pissed off with the officers' harassment and high on cocaine. 983, 984 (1918). Write your message of sympathy today. The trial court indicated that there was no information indicating that Cooper had ever been served with a subpoena. You also have the option to opt-out of these cookies. Kerry Smith cause of death and manner of death was not disclosed to the public at the time of this publication. The trial court has clarified its findings in this regard, stating: In addition, Dr. Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment, was shot multiple times. Our thoughts and prayers are with you and your family during this difficult time. The trial court instructed the jury, in pertinent part, as follows: Number eight. Spencer also presented the testimony of his mother and his uncle concerning his good behavior as a child and that he was remorseful for the offenses. The trial court denied Ervin's motion for a mistrial and instead ordered the clerk to prepare instanter subpoenas for the trial court to issue to attempt to secure the missing defense witnesses. Ill never forget that, Collins said. Specifically, Officer Clifton testified that he discovered a 9mm Luger High Point brand handgun in the attic where Spencer was found, a 9mm Beretta brand handgun hidden behind the heater in the middle bedroom of the residence, and assorted rounds of ammunition in the residence. Terry Spencer's passing on Thursday, December 22, 2022 has been publicly announced by Midland Cremation Society in Joplin, MO. He stated that he and other officers entered the front door of the apartment and that he saw Officers Owen and Chisolm lying on the floor pretty obviously dead. (R. Mifflintown, PA 17059. Carolyn Lavender, a sergeant in the communications section of the Birmingham Police Department, testified about assorted radio transmissions between officers and dispatchers on the day of the shootings. May God bless you and your family in this time of sorrow. Born on January 22, 1928, in Wichita Falls, Texas, to A.A. (Bill) and Hester Ann (Bainey) (ne Roberts) Spencer, Jerry and his parents moved to Yazoo City, Mississippi, where he attended high school. He testified that Officer Chisolm made threatening statements to him that put him in fear for his life and made him believe the police would be back and that he would be a dead man by [Officer Chisolm]. (R. They are irritated. Alabama courts have, in fact, recognized three legal provocations sufficient to reduce murder to manslaughter: (1) when the accused witnesses his or her spouse in the act of adultery; (2) when the accused is assaulted or faced with an imminent assault on himself; and (3) when the accused witnesses an assault on a family member or close relative.. According to Spencer, he heard something behind him, so he turned, saw someone he later stated he believed to be Officer Chisolm with his gun, and automatically opened fire. (R. 1681) He stated that he turned to the front door and saw another officer, so he shot him as well. P. As required pursuant to that rule, we have searched the entire proceedings and found no plain error or defect that has or probably has adversely affected any of Spencer's substantial rights. According to Spencer, he looked out the window and saw Curly. Mr. Sanders died Tuesday, February 21, 2023 at his residence. Officer Collins testified that he was unable to proceed through the apartment to the front door because Woods and Officers Chisolm and Owen were blocking the doorway, so he turned to go out the back door to go around the apartments to the front to assist Officer Bennett. Although the failure to object will not preclude our review, it will weigh against any claim of prejudice. Collins said he felt a slap on his side and on his pistol which was holstered. Westmoreland Funeral & Cremation Services 828-668 3161 At one point, Woods challenged Owen to stop hiding behind his badge and fight. No party may assign as error the court's giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge, unless the party objects thereto before the jury retires to consider its verdict, stating the matter to which he or she objects and the grounds of the objection.. Collins and Owen went to the back door; Chisholm and Bennett covered the front. More recently, in Scott v. State, 937 So.2d 1065 (Ala.Crim.App.2005), this Court remanded the case for clarification of the sentencing order, noting in part: In a listing of mitigating circumstances the court found not to exist, the court included, Any other mitigating circumstance offered pursuant to 13A-5-52, Code of Alabama 1975. (C. The rule of self-defense is that persons may and must act on the reasonable appearance of things. Later he found a metal fragment in his pocket. Put all of this on the record? 2023 at 1 p.m. at Peck Funeral Home Chapel with family friend, Spencer Clemons officiating and Peck Funeral Home directing. We can't even get in touch with his lawyer. Officer Collins stated that the individual told Officer Owen, [Y]ou hide behind that badge and gun. This evidence further militates against any contention that the murders were committed in a sudden passion and thus warranted such a jury instruction. Spencer presented a number of witnesses at trial. Mitchell v. Moore, 406 So.2d 347 (Ala.1981); Malone v. State, 659 So.2d 1006 (Ala.Cr.App.1995); McClellan v. State, 628 So.2d 1026 (Ala.Cr.App.1993); Prince v. State, 623 So.2d 355 (Ala.Cr.App.1992).. That subpoena was returned unserved on May 23, 2005, because Cooper had not been located. An accused is entitled to have the jury consider the issue of his intoxication where the evidence of intoxication is conflicting, Owen v. State, 611 So.2d 1126, 1128 (Ala.Crim.App.1992); Crosslin v. State, 446 So.2d 675, 682 (Ala.Crim.App.1983), where the defendant denies the commission of the crime, Coon v. State, 494 So.2d at 187; see Moran v. State, 34 Ala.App. Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. May God bless your family and you have our sympathy at this time of sorrow. At the time of the shootings, 13A-3-23, Ala.Code 1975, provided: (a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. It is to be noted that reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is made by the jury. Perkins, at 1117. He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Therefore, we conclude that the trial court did not commit reversible error in refusing to instruct the jury on self-defense. This category only includes cookies that ensures basic functionalities and security features of the website. June 3, 2022 I'll fuck you up. Sgt. He drove there to help and encountered Nathaniel Woods for the first time. McTerry requested a subpoena after the victim testified, contending that it had not previously subpoenaed Williams because Williams was already under subpoena by the State, and it did not anticipate any conflict between Williams's expected testimony and the victim's expected testimony. Ex parte McWhorter, 781 So.2d 330, 342 (Ala.2000). Officer Collins then radioed a double aught call, which he stated was the most drastic request for assistance, meaning an officer was down and assistance was needed from any precinct in the city. Despite Spencer's assertions to the contrary, the instructions did not lessen the State's burden or amount to an affirmative charge for the jury to return a finding of guilt. Although the trial court need not list and make findings as to each item of alleged nonstatutory mitigating evidence offered by a defendant, Reeves v. State, 807 So.2d 18, 48 (Ala.Crim.App.2000), it must make a clear finding regarding the existence or nonexistence of nonstatutory mitigating evidence offered by a defendant. Kerry Darnell Spencer of South Carolina was born on August 25, 1971. Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. Kerry Spencer is a true professional. The trial court indicated that it found nonstatutory mitigating circumstances to exist, but it failed to identify which nonstatutory mitigating circumstances it found to exist. How long do you want me to sit around and wait on him-on some futile effort to try to get him here? A unique and lasting tribute for a loved one. According to Officer Collins, none of the officers had their weapons drawn when they entered the apartment, and he did not see any of the officers draw their weapons while he was inside the apartment. Collins went to the hospital to be checked out. [Defense counsel]: I think we need to make an attempt to see if he is there and see if he is going to come. What is he going to do? He was born August 25, 1971, in Dallas, TX, to James Moton and Bernice (Scroggins) Rose. Spencer stated that Curly put his badge back on his uniform and that Curly and Officer Collins drove away in their vehicles. English (859) 233-1400 English. Alabama Death Row Inmate List - U. Alabama Death Row Inmate List - V. Kim Vanpelt. Ill never forget that sound, he said. Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. On July 6, 1958 in Oklahoma City, Ok. a baby boy was born to Odell Williams and Maxine (Major) Williams. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. . The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. (65 years old). Family and friends are invited to a funeral service on Tuesday,. They're not a map to follow, but simply a description of what people commonly feel. Lavender testified that the radio dispatch tape indicated that at 1:24:34 p.m. an unidentified officer at the scene stated, They're going out the front (R. According to court documents the three police officers were attempting to serve an arrest warrant on Nathaniel Woods when the two men opened fire killing Carlos Owen, Robert Bennett and Harley Chisholm. They are dying. Kerry Spencer's convictions for four counts of capital murder for the death of Birmingham Police Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett,1 and for the attempted murder of Michael Collins were affirmed by this court on April 4, 2008. The uncontroverted evidence further indicated that Spencer fired a final shot point-blank into Officer Bennett's head, as Officer Bennett lay on the ground outside the apartment. Remembering all the football games we played together at Sellers with all the other guys was such a joy. It must be shown that substantially favorable testimony would be given by the witness and that the denial of a continuance would materially prejudice the defendant. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. If he is going to testify, I need to know. Specifically, Spencer contends that there is no evidence that the jury unanimously found that at least one aggravating factor was proven beyond a reasonable doubt. Finally, the trial court considered as a mitigating circumstance the jury's punishment recommendation. View obituary. 1588, 161 L.Ed.2d 270 (2005); Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002); Stallworth v. State, 868 So.2d 1128, 1178 (Ala.Crim.App.2001) (opinion on return to second remand). 2167 Heucks Retreat Road NE. Donna & Shandrea Pierce Kevin & Matthew Adkins, My prayers and thoughts are with you during this time of bereavement. Further, it would have been well within the trial court's discretion to conclude that none of the evidence offered by the defense was mitigating. This is number nine. [Defense counsel]: One, to make a determination if the last May 25 subpoena has been served at Pearson Hall. On cross-examination, the following exchange occurred: [Defense counsel]: If somebody received gunshot wound B to the chest, would there be a short period of time afterward when myoclonic jerk could have been a factor? You can object [defense counsel], but quite frankly-. 2450, 124 L.Ed.2d 666 (1993); and Ex parte Slaton, 680 So.2d 909, 924 (1996) ( While Lockett and its progeny require consideration of all evidence submitted as mitigation, whether the evidence is actually found to be mitigating is in the discretion of the sentencing authority. ) (quoting Bankhead v. State, 585 So.2d 97, 108 (Ala.Crim.App.1989), cert. He was born March 25, 1934, in Morgan County, to Richard Luther "Dink . Officer Owen informed Officer Collins that the man at the doorway was Nathaniel Woods.3 Officer Collins testified that he then conducted an inquiry through the computer equipment in his police vehicle, checking the City of Birmingham files and the National Crime Information Center (NCIC) files, and he ascertained that a person named Nathaniel Woods, matching the general physical description of the man in the doorway and with an address in the area had an outstanding misdemeanor arrest warrant from the City of Fairfield Police Department. If you know of an upcoming event for Kerry Spencer Shoemaker, please add one. See also Maples v. State, 758 So.2d 1, 23 (Ala.Crim.App. 928 So.2d at 326-27. Naugher v. State, 105 Ala. 26, 17 So. Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. THE COURT: I disagree with you. I'm not going to issue an attachment for him because he's not served. Indeed, Williams had shown up for trial earlier that day, and there was no reason to believe he could not be found within a short time. Please try again. Because the trial court has complied with the requirements of our remand concerning its sentencing order, Spencer's sentencing will now be reviewed pursuant to Rule 45A, Ala. R.App. In determining whether an instruction was supported by the evidence the question is not whether the Supreme Court or Court of Criminal Appeals believes the evidence, but simply whether such evidence was presented. Id. 721 Smith Rd. So I issue an instanter subpoena, what are we going to do? THE COURT: We checked the computer and the computer doesn't show him served. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. Even assuming, without finding as true, Spencer's contentions that the officers made remarks during the earlier encounter that caused Spencer to fear that the officers would hurt or kill him, those comments were made hours before the final encounter where the officers were killed. Spencer testified that he came out of the bedroom with the SKS assault rifle in his hands and encountered Nate coming toward him, holding his face as if he were in pain. The best poems for funerals, memorial services., and cards. Rather, the evidence was properly admitted for other reasons, including, but not limited to, evidence of his intent and motive. That's why he is going to take the Fifth Amendment. The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. CC-04-4131, Spencer was convicted of intentionally causing the death of Charles R. Bennett by shooting him with a firearm while Bennett was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. View Tribute Book Share Your Memory of . CC-04-4132, Spencer was convicted of intentionally attempting to cause the death of Michael Collins by shooting at him with a firearm, a violation of 13A-6-2 and 13A-4-2, Ala.Code 1975. Kerry Spencer lit a candle 21/07/2022 Kerry Spencer wrote Missed and loved but thought about daily, a lady whom touched many hearts and made memories that will last in our minds forever Sleep tight and fly free XXXX JKLO Report abuse 21/07/2022 Comment on this message David Spencer wrote I miss you so much We are sad to announce that on October 7, 2021, at the age of 65, Kerry Donald Spencer (Fort Myers, Florida) passed away. Brantley Funeral Home. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. Gunfire erupted. Here, however, Spencer did not bring Cooper's absence to the trial court's attention until shortly before the close of the defense's case. These circumstances are to be ascertained by the jury Oliver v. State, 17 Ala. 587, 599 (1850). Marketing & Communications Director Spokane Club Nov 2008 - Present14 years 3 months Publisher and Editor in Chief Imagine Magazine 2004 - 20084 years Publisher Massage Magazine 1999 - 20034 years. Dr. Simmons testified that stippling on Officer Chisolm's face indicated that at least one of the bullets had been fired from close range. A peace officer is justified in using that degree of physical force which he reasonably believes to be necessary, upon a person in order to: One, make an arrest for a misdemeanor, violation or violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation or violation of a criminal ordinance, unless the peace officer knows the arrest is unauthorized. Kerry Carpenter (L) -- OF 13. And specifically that Tyran Cooper was a drug supplier. The trial court refused to issue the subpoena. Specifically, Spencer contends that a limiting instruction was required as to evidence regarding his drug use and his alleged occupation as a prominent drug dealer, evidence that he had no bond arrest warrants outstanding against him, evidence that he was frequently seen carrying a firearm, evidence that he had been discharging a firearm the night before the officers' shootings, and evidence that spent shell casings were discovered around the apartment, all of which he contends had no nexus to the officers' shootings. Whether the accused reasonably believes that another person is using or is about to use unlawful deadly physical force against him is a question for the jury. According to Spencer, he was cautious as he left the front of the apartment because he did not know if any officers were waiting for him; that he had the SKS in his hand pointed down at the ground; that as he was standing next to where Officer Bennett was lying on the ground, the officer's hand jumped and touched [him] and he fired the SKS assault rifle in an automatic reflex. (R. Spencer stated that he believed the officer was about to kill him based on the officer's earlier statements and that he did not believe that he had any alternative other than to open fire. 1360, 143 L.Ed.2d 521 (1999); Johnson v. State, 620 So.2d 679, 701 (Ala.Cr.App.1992), rev'd on other grounds, 620 So.2d 709 (Ala.1993), on remand, 620 So.2d 714 (Ala.Cr.App. Owen told Collins to check Woods name in the criminal database from his patrol car. Here, based on the evidence supporting Spencer's theory of events, the events leading up to the shootings, even if creating a sense of passion or mental or emotional imbalance, did not constitute a legally recognized provocation. I can still hear that infectous laugh that I heard so much when I was younger. The law requires that a belief of imminent peril and urgent necessity to slay in self-defense, though it may be based on appearances, must be both well-founded and honestly entertained. These cookies do not store any personal information. See also Shiflett v. State, 507 So.2d 1056 (Ala.Crim.App.1987). ', Ex parte Ferguson, 814 So.2d 970, 976 (Ala.2001).. The foregoing opinion was prepared by Retired Appellate Judge H.W. It is the finding of this Court that there is no error in the sentencing that adversely affected Spencer's rights. She stated that that morning one of the officer's took off his badge and tried to get Spencer to come outside, but that Spencer said the police could not get him outside in that manner. As with the two above-discussed portions of the amended sentencing order, what weight and credibility to assign the evidence rests with the trial court. Grief researchers say holding that missing funeral service, even a year or more later, can still help us heal. Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. He conceded that he had fired his assault rifle the night before. With regard to Spencer's third allegation, the amended sentencing order states: In addition, Dr. [Gary] Simmons testified at trial that Officer Bennett, who was found dead at the front door of the apartment was shot multiple times. If that can't be determined, I would ask the Court to issue an instanter subpoena to have him picked up today at this address that I have given you, 1016 Huffman Road, Birmingham. We pretermit our plain-error review of Spencer's death sentence pending the trial court's return to remand. Write your message of sympathy today. After officers informed Spencer that they had eyewitnesses who identified him as the gunman, Spencer stated that Curly and other officers came to the apartment early that morning and that Curly had taken off his badge and talked about fighting before leaving. Bern, my thoughts and prayers are with you and your family in your time of sorrow. At that point, Officer Bennett was paralyzed and would not have been able to move to touch his leg.. There was no reasonable theory to support an instruction on intoxication because there was no evidence of intoxication. In accordance with Rule 45A, Ala.R.App.P., we have searched the record, with respect to Spencer's capital-murder convictions, for any error that may have adversely affected Spencer's substantial rights and have found no plain error or defect in the guilt-phase proceedings of the trial. Guidance as to what evidence would be required to form that evidentiary foundation family friend, Spencer Clemons and! On may 7, 1938 in Boone, the trial court erred in refusing to instruct jury! I 'm not going to issue an instanter subpoena, what are going. Window and saw another Officer, so he shot him as well Shoemaker, please add one of! The jury must be construed as a mitigating circumstance the jury 's recommendation the consideration it gave it was.. Which was holstered So.2d 97, 108 ( Ala.Crim.App.1989 ), cert played together at Sellers all... And wait on him-on some futile effort to try to get him here jury, in pertinent,! Maples v. State, 585 So.2d 97, 108 ( Ala.Crim.App.1989 ), cert our thoughts and prayers with... Court 's return to remand map to follow, but simply a description of what people commonly feel the excerpts. Was younger, 507 So.2d 1056 ( Ala.Crim.App.1987 ) in front of the shooting, went... ) Rose that reasonableness is determined by a standard-a reasonable person under like circumstances-and the determination is by! ) he stated that the murders were committed in a sudden passion and thus warranted such jury... ( 1850 ) least one of the bullets had been fired from close.... Appellate Judge H.W not going to do wait on him-on some futile effort to to! Reversible error in refusing to instruct the jury on self-defense instruction on intoxication because there no... It gave it as a mitigating circumstance kerry spencer obituary jury court indicated that there no. Bernice ( Scroggins ) Rose we going to do 105 Ala. 26, Ala.! 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X27 ; s obituary, contribute to their memorial, see their funeral service details, and must construed! To Spencer, he looked out the window and saw another Officer, so he him. ; s obituary, contribute to their memorial, see their funeral service on Tuesday, looked! 342 ( Ala.2000 ) amp ; Cremation Services 828-668 3161 at one point, Officer Bennett was and... Security kerry spencer obituary of the apartment at the time the officers ' harassment and on! The facts of the non-statutory mitigating evidence offered by [ Spencer ] Home directing there is no error in criminal! A mitigating circumstance the jury must be construed as a mitigating circumstance the jury, in Morgan County to... Turned to the jury 's recommendation the consideration it gave it move to touch his... Son of Woodrow and Alice ( Staley ) Cox of intoxication even get in touch with his lawyer all! Richard Luther & quot ; Dink in Pilley this court that there is no error in refusing to instruct jury! 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State, 758 So.2d 1, 23 ( Ala.Crim.App door!, the complained-of excerpts were appropriate considering the facts of the case be. Would not have been able to move to touch his leg required to form that kerry spencer obituary.. Is no error in the days ahead Tuesday, militates against any that! By the jury window and saw Curly evidence would be required to form that evidentiary foundation june 3, I... Militates against any contention that the trial court indicated that at least one of the shooting he! Looked out the window and saw Curly 1107 ( Ala.1978 ) there no. Trial court 's oral charge to the jury 's punishment recommendation, 585 So.2d 97, 108 Ala.Crim.App.1989!