Ala. Pattern Jury Instr. (Criminal) 7-30-2010

IN THE SUPREME COURT OF ALABAMA

July 30, 2010

ORDER

IT IS ORDERED that Alabama Pattern Jury Instructions -

Criminal for the guilt phase of capital proceedings for the

capital offenses of Murder During Robbery in the First Degree

(or Attempt Thereof) (Serious Physical Injury); Murder of Two

or More Persons (Single Act); Murder of Two or More Persons

(Pursuant to One Scheme or Course of Conduct); Murder of a

Public Official; Murder Within 20 years of a Previous Murder

Conviction; Murder of a Witness; Murder of a Victim Less Than

14 Years of Age; Murder by or through Deadly Weapon Used from

Outside Dwelling upon a Victim Inside Dwelling; Murder by or

through Deadly Weapon Used upon a Victim Inside a Vehicle;

Murder by or through Deadly Weapon Used Within or from

Vehicle, be amended to read in accordance with the appendix

attached to this order.

IT IS FURTHER ORDERED that this amendment is effective

immediately.

Cobb, C.J., and Lyons, Woodall, Stuart, Smith, Bolin,

Parker, Murdock, and Shaw, JJ., concur.

I Robert G. Esdale; Sr., as Clerk of the Supreme Court

of Alabama, do hereby certify that the)foregoing is

a full, true and correct copy of the instrument(s)

herewith set out as same appear(s) of record in said

Court.

Witness my hand this .oo~ --~y of~· ~j 201 , r..

~~~,. ~

Clerk. Supreme Court of Alabama

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APPENDIX

Ala. Code 1975, § 13A-5-40 (a) (2)

MURDER DURING ROBBERY IN THE FIRST DEGREE

(OR ATTEMPT THEREOF) (Serious Phyiic~l Injury)

The defendant is charged with capital murder. The law

states that an intentional murder committed during robbery in

the first degree is capital murder.

A person commits an intentional murder if he causes the

death of another person and, in performing the act or acts

that cause the death of that person, he intends to kill that

person (or another person).

A person commits a robbery in the.first degree if, in the

course of committing or attempting to commit a theft, he uses

force against the person of the owner or any person present

with intent to overcome his physical resistance, or threatens

the imminent use of force against the person of the owner (or

any person present) with intent to compel acquiescence to the

taking of or· escaping with the property, and in doing so he

causes serious physical injury to another.

To convict, the State must prove beyond a reasonable

doubt each of the following elements of an intentional murder

during robbery in the first degree:

(1) That (name of the deceased) is dead;

(2) That th~ defendant caused the death of (name of the

deceased) by (state the alleged act, e.g., shooting) him;

(3) That in committing the act(s) that caused the death

of (name of the deceased), the defendant intended to kill the

deceased or another person.

(4) That the defendant committed or attempted to commit

theft of (describe property taken);

(5) That in the course of committing or attempting to

commit the theft (or in the immediate flight after the attempt

or commission), the defendant either used force, or threatened

the imminent use of force against the person of (name of

property owner or, if applicable, other person present), with

th~ intent to overcome his physical resistance or physical

power to resist, or to compel aquiescence to the taking of (or

escaping with) the property; and

(6) That the murder took place "during" the robbery.

A person commits a theft of property if he knowingly

obtains or exerts unauthorized control over the property of

another, with intent to deprive the owner of his property.

A person acts knowingly with respect to conduct or to a

circumstance when he is aware that his conduct is of that

nature or that the circumstance exists.

I

A person acts intentionally when it is his purpose to

cause the death of another person. The intent to kill must be

real and specific.

Serious physical injury is physical injury that creates

a substantial risk of death or that causes serious and

protracted disfigurement, protracted impairment of health, or

protracted loss of the function of any bodily organ. Death,

by definition, would constitute serious physical injury.

"During" means in the course of the commission of or in

connection with (or in immediate flight from) the commission

of the robbery.

If you find from the evidence that the State has proved

beyond a reasonable doubt each of the above elements of the

offense of intentional murder during robbery in the first

degree, as charged, then you shall find the defendant guilty

of capital murder.

If you find that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of the

offense of intentional murder during robbery in the first

degree, then you cannot find the defendant guilty of capital

murder.

[If lesser-included offenses are included, the court

should instruct on those offenses at this point.]