Grady Sprinkle v. State

On the night of December 3, 1976, Billy White, an eighteen year old Baldwin County High School student, and Cheri Prine, a fifteen year old student, were killed in an automobile collision in Baldwin County. The twenty year old appellant was indicted for their murders by perpetrating an act greatly dangerous to the lives of others and evidencing a depraved mind without regard for human life. A jury convicted him of murder in the second degree and fixed his punishment at twenty-one years' imprisonment. The appellant's request for Youthful Offender Treatment was denied because the appellant had a running record of traffic violations including reckless driving, driving while intoxicated and driving without a license. His motion that he be committed to a state mental institution for treatment and evaluation was granted. At trial the appellant was represented by retained counsel who was appointed on this appeal. The sufficiency of the evidence to support the conviction has not been challenged. As there was no motion to exclude the state's evidence, no request for the affirmative charge, no exceptions reserved to the oral charge of the trial court, and no motion for a new trial, the question of the sufficiency of the evidence to support the conviction is not presented on appeal. Robinson v. State, 44 Ala. App. 206, 205 So.2d 524 (1967); Alexander v. State, 281 Ala. 457, 204 So.2d 488 (1967); Anderson v. State, Ala. Cr. App., 339 So.2d 166 (1976). Yet, having reviewed the evidence we find that it was ample to support the verdict.