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Smith v. State12/22/2000
nt ... says, the Grand Jury of said county charged that before the finding of the indictment, ... Smith ... did intentionally cause the death of David Lee Bennett by shooting him with a .22 caliber rifle during the course of intentionally causing the deaths of Willie James Flournoy and Theresa Ann Helms by shooting them with a .22 caliber rifle ...."
"The law states that the intentional murder of two or more persons is capital murder. A person commits an intentional murder of two or more persons, if pursuant to one scheme or course of conduct, he causes the death of two or more people. And in performing the acts which caused the death of those people, he intends to kill each of those people.
"....
" o convict, the State must prove beyond a reasonable doubt each of the following elements of an intentional murder of two or more persons: Number One, that ... Bennett is dead; Number Two, that ... Smith caused the death of ... Bennett by shooting him; Number Three, that in committing the acts which caused the death of ... Bennett, the defendant intended to kill the deceased or another person. 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; Element Number Four, that ... Flournoy is dead; Number Five, that the defendant caused the death of ... Flournoy by shooting him; Number Six, that in committing the acts which caused the death of .... Flournoy, the defendant intended to kill the deceased or another person; And, Number Seven, that the murder of ... Bennett and the murder of ... Flournoy were pursuant to one scheme or course of conduct.
"If you find from the evidence ... that the State has proved beyond a reasonable doubt each of the above elements of the offense of the intentional murder of two or more persons as charged, then you should 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 of two or more persons, then you cannot find the defendant guilty of capital murder.
"If there are more than two deceased that are named in the indictment, the State must only prove that at least two of the named deceased, as opposed to all of the named deceased, were murdered during the defendant's scheme or course of conduct.
"With respect to the offense of capital murder, if you find the State has proved beyond a reasonable doubt all the elements I have just given to you, then your verdict must be guilty, as I said. And that verdict must be unanimous, which means all twelve of you must reach that decision." (R. 1829-30, 1847-51; emphasis added.) (The above, with the exception of the reading of the indictment, the fifth paragraph, and the last sentence, are the instructions recommended in Alabama Pattern Jury Instructions: Criminal 5-121 (3d ed. 1994). The fifth paragraph is from the "Use Notes" accompanying those specific pattern jury instructions.)
The trial court continued:
"Intent must be specific and real in a capital murder case. Intent to kill may be inferred from the use of a deadly weapon or instrument. The defendant must act intentionally as opposed to negligently, accidentally or recklessly cause the death of the deceased in order to convict the defendant guilty of capital murder. ...
"You act intentionally with respect to a result or conduct when you have the purpose to cause that result or to engage in that conduct. Intent is to be determined by the surrounding circumstances and by the actions, if any, of the defendant. That is what intent is under the capital murder statute."
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