Ex Parte Murry

455 So.2d 72 (1984)

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Ex Parte Murry

Alabama Supreme Court
455 So.2d 72 (1984)

CS

Facts

Paul Murry (defendant) shot and killed Mary McCord, a police officer, while McCord was on duty. Murry denied knowing that McCord and her partner were police officers, claiming that he though the officers were people trying to rob him. Murry was charged with murder. Under Alabama state law, murder charges could be elevated to capital murder under a range of extenuating circumstances, including if the victim was an on-duty police officer. Murry asked the court to instruct the jury that the elevation to capital murder could only be applied if Murry knew that McCord was a police officer when he shot her. The trial judge refused to instruct the jury about this additional knowledge element. Murry was convicted of capital murder and appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Maddox, J.)

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