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Lewis v. State

Alabama Court of Criminal Appeals
474 So.2d 766 (1985)


Facts

Alvin Ronald Lewis (defendant) and 15-year-old Damon Sanders played “Russian Roulette” with a revolver, whereby one bullet is placed in the gun’s chamber, the cylinder is spun, and the person places the gun to his head and pulls the trigger. At the time Lewis and Sanders “played” the game it was unclear whether there was a bullet in the gun. Lewis thereafter put the gun away and left. Later, Sanders was seen alone holding the gun and spinning the chamber. A few minutes later, a gunshot was heard. Sanders shot himself in the head. Lewis was indicted for murder in violation of Alabama law. At the close of the State’s case, the trial court granted Lewis’ motion for a judgment of acquittal as to the offenses of murder and manslaughter. The case was then submitted to the jury on the charge of criminally negligent homicide. The jury found Lewis guilty on that charge and he appealed.

Rule of Law

Issue

Holding and Reasoning (Tyson, J.)

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