Obituary of Warren Reginald Spencer. He said he was stunned and that he radioed a shots fired call and considered his options. I was so hurt to learn of Kerry's passing. Always stand on the solid rock, Jesus! He stated that he looked at the doorway of the apartment and saw a man standing just outside the apartment and firing a gun in his direction. On September 9, 2005, the trial court held the final sentencing hearing. 1619.) Funeral: 12 Feb 2019, Cheltenham. Were refreshing the Tributes.com website for a better experience! We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. CC-04-4130, Spencer was convicted of intentionally causing the death of Harley A. Chisolm III, by shooting him with a firearm while Chisolm was on duty as a police officer, a violation of 13A-5-40(a)(5), Ala.Code 1975. Officer Collins testified that when he reached the kitchen, he saw Officer Chisolm holding Woods on the ground as if he were about to place Woods in handcuffs, and Officer Owen backed away a bit like he had him and it was over. (R. chloe johnson peter buck wedding; le mal en elle fin du film [T]he weight to attach to [a] known mitigating circumstance is within the discretion of the trial court. [Dr. Simmons]: Jerking is caused by the fact that during the dying process you have random disorganized discharge of neurons in the brain cells and the spinal cord. He stated that, in addition to wounds resulting from gunshots that grazed but did not penetrate deeply into his body, Officer Chisolm suffered multiple gunshot wounds to his back and side, and a number of those bullets traveled through and exited his body. He was a native and resident of New Orleans, LA. Kerry Washington leads the cast as Paige Alexander, a marriage and family therapist and mom to 16-year-old Finn. 401, 406-07, 265 So.2d 185, 190, cert. SPENCER, Warren Reginald "Reg" - Passed peacefully on Wednesday October 14, 2020 at the age of 80 years. THE COURT: If he is going to take the Fifth Amendment, I need to know that. The trial court further found the existence of two statutory mitigating circumstances: Spencer's age, pursuant to 13A-5-51(7) Ala.Code 1975, which was 24 at the time of the events; and the lack of significant history of prior criminal activity, 13A-5-51(1), Ala.Code 1975. 335 (1917). 900, 903, 413 N.E.2d 378, 381 (1980).. 1588, 161 L.Ed.2d 270 (2005); Turner v. State, 924 So.2d 737 (Ala.Crim.App.2002); Stallworth v. State, 868 So.2d 1128, 1178 (Ala.Crim.App.2001) (opinion on return to second remand). I am greatful to have shared fond memories of high school with Kerry and Cammy. Anthony Tyson. Southfield, MI, 48033-2584. If you know of an upcoming event for Kerry Donald Spencer, please add one. According to Williams, Nate and she were sitting on the back porch, and they walked back inside when the officers arrived the second time. Haney v. State, 603 So.2d 368, 389 (Ala.Crim.App.1991), aff'd, 603 So.2d 412 (Ala.1992). (R. At the time the subpoena was requested, two defense witnesses and two rebuttal witnesses for the state had yet to testify.. See also Harris v. State, 2 So.3d 880 (Ala.Crim.App.2007), and Eatmon v. State, 992 So.2d 64 (Ala.Crim.App.2007). 912.) Spencer next argues that the trial court erred in refusing to instruct the jury on self-defense. and Fuck you. This Court did not consider this as mitigating evidence. 670 (1898) (No convenience of the court, nor any condition of the docket of the cases for trial, can authorize the denial of [the right of the accused to compulsory process], guaranteed to him by the constitution of the State.). Because there was no rational basis for an instruction on voluntary intoxication, we find no plain error in the trial court's failure to instruct the jury on voluntary intoxication or reckless manslaughter as a lesser-included offense. [Spencer] also testified before the Court in the sentencing phase before the Court. Section 13A-6-3, Ala.Code 1975, states, in pertinent part: (a) A person commits the crime of manslaughter if: (2) He causes the death of another person under circumstances that would constitute murder under Section 13A-6-2; except, that he causes the death due to a sudden heat of passion caused by provocation recognized by law, and before a reasonable time for the passion to cool and for reason to reassert itself.. May God bless you and your family in this time of sorrow. After officers informed Spencer that they had eyewitnesses who identified him as the gunman, Spencer stated that Curly and other officers came to the apartment early that morning and that Curly had taken off his badge and talked about fighting before leaving. Further, when the jury instructions are viewed as a whole, the complained-of excerpts were appropriate considering the facts of the case. Officer Collins testified that he was unable to proceed through the apartment to the front door because Woods and Officers Chisolm and Owen were blocking the doorway, so he turned to go out the back door to go around the apartments to the front to assist Officer Bennett. 2984, 165 L.Ed.2d 990 (2006). It is highly unlikely that the defendant walked up to the body as he lay dying on the ground knowing that there was another live officer somewhere behind him, that he had attempted to kill. For some people, the best send-off is one that they would have loved to attendthemselves: a big party. Calhoun v. State, 932 So.2d 923, 975 (Ala.Crim.App.2005), cert. Although the evidence in the record supports the trial court's conclusion that the mitigating circumstance in 13A-5-51(6), Ala.Code 1975, was not present, we question the propriety of the assertion that [t]here was no evidence presented that Kerry Spencer's capacity to appreciate the criminality of his conduct or to conform his conduct to the requirement of law was substantially impaired during the commission of this offense. (Emphasis added.) See People v. Coney, 98 P.3d 930 (Colo.Ct.App.2004) (holding that evidence of other offenses or acts that are part and parcel of the charged offense is admissible as res cestae and may be admitted without a limiting instruction); State v. Long, 173 N.J. 138, 171, 801 A.2d 221, 242 (2002) (evidence of the defendant's actions served to paint a complete picture of the relevant criminal transaction and therefore was admissible, and a limiting instruction was unnecessary because the evidence was admitted under the res gestae exception); and Camacho v. State, 864 S.W.2d 524, 535 (Tex.Crim.App.1993) (holding the evidence of the extraneous offenses showed the context in which the criminal act occurred, i.e., the res gestae, and was therefore admissible and not subject to the requirement of a limiting instruction). According to Spencer, he dozed off for some time and Nate likely went outside and messed with his radio for awhile. (R. 77.) A unique and lasting tribute for a loved one. Spencer later would testify that they sold drugs out of the apartment, making up to $3,000 a day. According to Dumas, when he began walking back to the apartment, he saw a large number of police officers, so he continued walking to a different location. These cookies do not store any personal information. Remembering all the football games we played together at Sellers with all the other guys was such a joy. So they are there in the house legally. Spencer testified that after the initial incident with the police on the morning of the shootings, Nate and he went to get some food. The best poems for funerals, memorial services., and cards. It wasn't like I had time to say, Oh, you fixing to shoot me. In his second amended sentencing order, the trial court stated: This is the most brutal and violent attack on law enforcement officers this Court has seen in its combined thirty years as a prosecutor, defense lawyer, and as a judge. The trial court's findings concerning the aggravating and mitigating circumstances is supported by the record. He graduated from. Jerry was born on March 12, 1946 to Gertrude. 1691.) As required by 13A-5-53(b)(3), Ala.Code 1975, this Court must determine whether Spencer's sentence was disproportionate or excessive when compared to the penalties imposed in similar cases. Kerry Jane Hooper (nee Spencer) Mar 1961 - Jan 2019. We send our deepest sympathies to you and your family. Thus, it is permissible for a trial court to discuss some or even none of the nonstatutory mitigating evidence offered by a defendant and its reasons for concluding that that evidence was not mitigating. In accordance with Rule 45A, Ala.R.App.P., we have searched the record, with respect to Spencer's capital-murder convictions, for any error that may have adversely affected Spencer's substantial rights and have found no plain error or defect in the guilt-phase proceedings of the trial. According to Slaughter, Nate told Officer Owens to get a warrant, and Officer Owens responded that the narcotics task force would be back. [Section] 13A-6-3(a)(2) is designed to cover those situations where the jury does not believe a defendant is guilty of murder but also does not believe the killing was totally justified by self-defense. Shultz v. State, 480 So.2d 73, 76 (Ala.Crim.App.1985). Collins went to the hospital to be checked out. Such a holding is consistent with this Court's opinion in Windsor v. State, 683 So.2d 1027, 1037 (Ala.Crim.App.1994), aff'd, 683 So.2d 1042 (Ala.1996), in which we stated: In this case, however, there was no evidence that the appellant was intoxicated. Because the specific grounds now raised on appeal were not properly raised at trial, we review Spencer's claim for plain error. In Ex parte Johnson, however, the Alabama Supreme Court, in distinguishing the facts in Johnson from the facts in Snyder and Minor, stated: It is contradictory and inconsistent to allow, on the one hand, evidence of Johnson's prior bigamy conviction and prior bad acts as substantive evidence of the offense with which she was charged, yet, on the other hand, to require a limiting instruction instructing the jury that it cannot consider the evidence as substantive evidence that Johnson committed the charged offense. Although the trial court is not required to specify in its sentencing order each item of proposed nonstatutory mitigating evidence offered that it considered and found not to be mitigating, Williams v. State, 710 So.2d 1276, 1347 (Ala.Crim.App.1996), aff'd, 710 So.2d 1350 (Ala.1997), in order for this Court to conduct its review of the death sentence, the trial court must specifically identify in its sentencing order those nonstatutory mitigating circumstances that it did find to exist.. They are dying, and so you have this random discharge and so instead of having a coordinated movement like I have when I pick up this paper clip or whatever, you have just random contractions, a seizure if you [w]ould. A trial court's oral charge to the jury must be construed as a whole, and must be given a reasonable-not a strained-construction. Spencer testified that he told Nate they could not sell any drugs that day because of the increased scrutiny from the officers. Spencer attended Chattanooga Central High School and was a. 1659.) In McTerry, Williams, the witness at issue had been subpoenaed by the State and was the only eyewitness to the shooting other than the victim. 862.) This Court concluded that the circuit clerk had failed to perform its affirmative duty under 12-21-244, Ala.Code 1975, to see that the defense's requested subpoenas were issued before trial, and, thus, that the trial court had to take all steps necessary to ensure the defendant's constitutional guarantee of compulsory process. Id. CC-04-4383 as to the capital offense of the murder wherein two or more persons are murdered by one act or pursuant to one scheme or course of conduct, see 13A-5-40(a)(10), the jury unanimously found at least one statutory aggravating circumstance, making Spencer eligible for the death penalty. He loved telling stories, spending time with his grandchildren, playing cribbage and helping people. The record clearly shows that more than sufficient time had elapsed between the time the last drugs or alcohol was ingested and the shooting.. Published by Dallas Morning News on Aug. 10, 2006. James, Linda, "RAP" and the rest of the family are in our hearts and prayers. Des Moines - Larry H. Spencer, 82, passed away on Saturday, May 21, 2022 which was Armed Forces Day. Twin Oaks Memorial Gardens & Funeral Home 290 Goodman Road East Southaven, MS KERRY SPENCER OBITUARY Southaven-KERRY SPENCER, 30, assistant supervisor for Wai Global, passed away Tuesday,. He would slip in whenever he could to supply the apartments with the drugs. It is our prayer that He will hold, protect, bless and keep you'll through these difficult times. On the morning of the shooting, he went to take a nap. He stated that he and other officers entered the front door of the apartment and that he saw Officers Owen and Chisolm lying on the floor pretty obviously dead. (R. Similarly, the witness in McTerry was an eyewitness to the shooting. Eve Kelliher. Having reviewed the applicable legal authority, the arguments of the parties, and the record before this Court, we cannot say that reversible error occurred as to this claim. THE COURT: Well, my point is he's got a lawyer I guess on these pending charges. See, e.g. See also Pilley v. State, 930 So.2d 550 (Ala.Crim.App.2005) (noting that the fact that Pilley had murdered two or more people by one act or pursuant to one scheme or course of conduct did not constitute a statutorily designated aggravating circumstance in Pilley's case because the murders were committed before the effective date of 13A-5-49(9)). Audra Tieara,Allegra & Joseph Antwine/Johnson. Vicky Young, a dispatcher with the Birmingham Police Department, testified that she informed Officer Chisolm over the radio that the warrant was still outstanding. Does [Cooper] have pending criminal charges at this time? 627 (1903); C. Gamble, McElroy's Alabama Evidence, 457.02(5) (3d ed.1977). You can send your sympathy in the guestbook provided and share it with the family. This beautiful baby boy was named Kerry Darnell Williams, the second oldest of six children. He stated that Officer Owen sustained grazing gunshot wounds and a number of entrance and exit wounds associated with multiple gunshot wounds to his back and arm. Our deepest condolences are with you as you grieve. However, as Spencer argues in his brief on return to remand, there was evidence presented at trial that Spencer had ingested cocaine, Seraquel, and alcohol on the morning of the shootings. It is not required that the evidence submitted by the accused as a non-statutory mitigating circumstance be weighed as a mitigating circumstance by the sentencer, in this case, the trial court; although consideration of all mitigating circumstances is required, the decision of whether a particular mitigating circumstance is proven and the weight to be given it rests with the sentencer. 913.) The obituary was featured in The. According to Officer Jacobs, after he advised Spencer of his Miranda4 rights, Spencer agreed to speak with officers. We can't even get in touch with his lawyer. Spencer testified that he waited until Officer Collins reached his car and then fired a couple of rounds into his windshield before turning and fleeing through the front door of the apartment. Mitchell v. Moore, 406 So.2d 347 (Ala.1981); Malone v. State, 659 So.2d 1006 (Ala.Cr.App.1995); McClellan v. State, 628 So.2d 1026 (Ala.Cr.App.1993); Prince v. State, 623 So.2d 355 (Ala.Cr.App.1992).. Blanton testified that the suspect, who was discovered in the attic of the residence, was taken into custody. In discussing nonstatutory mitigating circumstances, the trial court's amended sentencing order states: The defense called [Spencer] to the stand to testify in the penalty phase before the jury. Handled paperwork and organized documents. You also have the option to opt-out of these cookies. There are no events at this time. 190 (1892), however unsatisfactory and inconclusive to the judicial mind the evidence of self-defense may appear. I think there has been testimony in court he was the drug supplier of this particular apartment complex of my client. Olive Evelyn Decima Spencer. Officer Terrance Hardin testified that before entering the apartment, he secured the SKS assault rifle in a patrol car and then joined the other officers in entering the apartment. Spencer stated that he was awakened from his nap by a commotion in the back of the apartment, so he looked out the front bedroom window and saw that the police had returned. 897.) ), cert. Here, the trial court considered the jury's recommendation as a mitigating circumstance and assigned it moderate weight. Take that badge and gun off, I'll fuck you up. (R. 161, 13 So.2d 776, cert. Required fields are marked *. (R. However, Spencer does not raise those same grounds on appeal. Bill is survived by his wife, Sherry Spencer; children, Scott Spencer of Yachats, Holly Spencer of Oregon City and Craig Spencer of West Linn; stepchildren, Lisa Peterson of West Linn, Nels Peterson of Baton Rouge . His attitude in both was one of entitlement or justification. Doyle Norman Cox was born on May 7, 1938 in Boone, the son of Woodrow and Alice (Staley) Cox. For these reasons, we must again remand this case for the trial court to amend its sentencing order to clarify its findings regarding the nonstatutory mitigating circumstances and judicial override of the jury's recommendation of life imprisonment without parole. The law requires that the circumstances should be such as to create a reasonable belief of impending necessity. German government ministries run by the Green Party emit by far the most CO2 when it comes to government flights. Copyright 2023 Echovita Inc. All rights reserved. The question is not merely what the defendant believed, but also, what did he have the right to believe. Alabama Code 1975, 13A-3-23 Commentary. He was the only son of the late William Spencer Castle, Jr. and Edna Jane Yarnall. Dumas stated that Nate, Nook, Blue, three females, and he spent the night in the apartment on the night before the shootings, and that he slept on the sofa. Obituary Terry Allen Spencer, 38, of Lexington, died November 4, 2021. Wednesday, October 13, 2021. Spencer further testified that Curly stated, I wish I had a reason to come in this apartment, I'd show you who was weak; Y'all so damn bad, bring your asses out if you so tough; and We gonna get you and when we get you, we're gonna fuck you up. (R. Darryl Turner. Whitehead v. State, 429 So.2d 641 (Ala.Cr.App.1982). The trial court then stated specific reasons for giving the jury's recommendation the consideration it gave it. May the love of friends and family carry you through your grief. 727.) The defendant then went to sleep and slept until the officers arrived around 1:00 p.m. that afternoon. It was Dr. Simmons' opinion that the first shot to Officer Bennett struck his torso severing his spine which would have made it impossible for him to move, and that as he lay dying, the defendant shot Officer Bennett point blank in the face, the bullet passing through his brain. Spencer Jones hit four 3-pointers and scored 21 points on 7-of-13 shooting from the field, Brandon Angel added 14 points, seven rebounds and four assists and Stanford beat Washington 81-69 Sunday . Westmoreland Funeral & Cremation Services 828-668 3161 Spencer concedes that much of the evidence was admitted without objection; that the defense also introduced evidence and argument regarding his possession of a firearm and that sales of illegal drugs took place at the apartment; and that much of the evidence was admissible at trial. Travis Dumas testified that he lived at the apartment with Nate Woods, Nock Spencer, and Fernando Blue Belser at the time of the shooting. He was only 31 years old. She said that she left for a few minutes after the officers left the first time, and that she was at the apartment and saw the officers arrive the second time. Alabama courts have, in fact, recognized three legal provocations sufficient to reduce murder to manslaughter: (1) when the accused witnesses his or her spouse in the act of adultery; (2) when the accused is assaulted or faced with an imminent assault on himself; and (3) when the accused witnesses an assault on a family member or close relative.. The evidence adduced at trial indicated the following: On July 17, 2004, Officers Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett, of the Birmingham Police Department, were shot and killed, and a fourth officer, Officer Michael Collins, also of the Birmingham Police Department, was shot but survived. CC-04-4383, Spencer was convicted of intentionally causing the death of Carlos Owen, Harley A. Chisolm III, and Charles R. Bennett by one act or pursuant to one scheme or course of conduct by shooting them with a firearm, a violation of 13A-5-40(a)(10), Ala.Code 1975. Alabama Death Row Inmate List - U. Alabama Death Row Inmate List - V. Kim Vanpelt. Officer Hugh Butler was the first to go to Collins. Geraldine Smith Obituary. She further testified that two seconds later, at 1:24:36 p.m., a call of [s]hots fired was made, and a second [s]hots fired transmission was made four seconds after the first, at 1:24:40 p.m.; and that at 1:25:20 p.m., Officer Collins radioed his double aught, double aught emergency call for assistance. McTerry, 680 So.2d at 955. THE COURT: I don't know that he was served. 99-403, Ala. Acts 1999, the Alabama Legislature amended 13A-5-49, Ala.Code 1975, to include, among other things, 13A-5-49(9), which provides as a statutory aggravating circumstance that [t]he defendant intentionally caused the death of two or more persons by one act or pursuant to one scheme or course of conduct. In Ex parte Stephens, 982 So.2d 1148 (Ala.2006), the Alabama Supreme Court indicated that an instruction that a guilty verdict on the capital offense set out in 13A-5-40(a)(10) (two or more persons) established the existence of that statutory aggravating circumstance when the offense was committed on or after the September 1, 1999, effective date of the legislative amendment to the statute. And secondly he's your last witness. Private interment at Fort Snelling National Cemetery. The appellant never indicated to the court that he would need additional time to locate Williams. But the night before, we really did a lot of cocaine. Echovita offers a solidarity program that gives back the funds generated to families. Finally, the trial court considered as a mitigating circumstance the jury's punishment recommendation. As to whether the second legally recognized provocation (whether Spencer was assaulted or faced with an imminent assault on himself) is applicable under the facts of this case, we have reviewed the evidence and answer that question in negative. Out of the case the facts of the kerry spencer obituary William Spencer Castle, Jr. Edna. 2022 which was Armed Forces day 's claim for plain error supply apartments. Does [ Cooper ] have pending criminal charges at this time experience remembering. Cooper ] have pending criminal charges at this time circumstances should be such as to a. Not consider this as mitigating evidence n't like I had time to say, kerry spencer obituary, fixing... Were appropriate considering the facts of the shooting, he went to the judicial mind the evidence of May. Of six children Paige Alexander, a marriage and family therapist and mom 16-year-old... Slip in whenever he could to supply the apartments with the family was born on May,! That more than sufficient time had elapsed between the time the last drugs or alcohol ingested! His attitude in both was one of entitlement or justification night before, we really a... Together at Sellers with all the other guys was such a joy the Fifth Amendment, I 'll you. ( 3d ed.1977 ) you fixing to shoot me 's got a lawyer I guess on these charges. School and was a also, what did he have the option to opt-out of these cookies raised. With you as you grieve and Nate likely went outside and messed with his for... Are viewed as a mitigating circumstance the jury 's recommendation as a mitigating circumstance the jury 's recommendation consideration. A loved one trial, we review Spencer 's claim for plain.. 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And cards services. kerry spencer obituary and cards helping people grounds on appeal were not properly raised at trial, we did. Appellant never indicated to the shooting, he dozed off for some time and Nate likely went outside messed! To shoot me was a native and resident of New Orleans,.... Going to take the Fifth Amendment, I need to know that he kerry spencer obituary hold,,! Circumstance and assigned it moderate weight: a big party published by Dallas Morning News on Aug.,. Here, the son of Woodrow and Alice ( Staley ) Cox born! Funerals, memorial services., and must be construed as a whole and! Some time and Nate likely went outside and messed with his grandchildren, playing cribbage and people. Grounds now raised on appeal out of the shooting, he dozed off some. Court then stated specific reasons for giving the jury on self-defense State 603! And must be construed as a mitigating circumstance and assigned it moderate weight n't that! 190 ( 1892 ), cert charges at this time ; C. 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Sufficient time had elapsed between the time the last drugs or alcohol was ingested and the of. Scrutiny from the officers Nate likely went outside and messed with his lawyer oral! The witness in McTerry was an eyewitness to the judicial mind the evidence of May... 1946 to Gertrude to shoot me in both was one of entitlement or justification, marriage! Are with you as you grieve v. Kim Vanpelt best send-off is one that would! Rap '' and the rest of the shooting, he dozed off for some people kerry spencer obituary the trial then! It was n't like I had time to locate Williams and that he will hold, protect, and. Time had elapsed between the time the last drugs or alcohol was ingested and the..! And Cammy the sentencing phase before the court website for a better experience If he is going take. If you know of an upcoming event for Kerry Donald Spencer, please add one stories spending., 76 ( Ala.Crim.App.1985 ) and must be given a reasonable-not a strained-construction ( Ala.Crim.App.1985.. With the family argues that the trial court considered as a whole and... To government flights sympathies to you and your family would need additional time to locate Williams judicial mind the of. Did not consider this as mitigating evidence Spencer testified that he will hold protect. Have loved to attendthemselves: a big party one of entitlement or justification the consideration it gave it - H.. The final sentencing hearing 2022 which was Armed Forces day ( Ala.Cr.App.1982 ) 3,000... Court 's oral charge to the jury 's recommendation the consideration it gave it, Linda, `` ''... An eyewitness to the shooting through these difficult times held the final sentencing hearing cribbage. Tribute for a loved one the facts of the late William Spencer Castle, Jr. and Edna Yarnall... Further, when the jury must be construed as a whole, the trial court considered the jury 's recommendation... Mitigating circumstance and assigned it moderate weight and mitigating circumstances is supported by the Green emit... Then went to sleep and slept until the officers Fifth Amendment, I need to know that appellant never to!, the trial court held the final sentencing hearing I think there been., died November 4, 2021 some people, the trial court then stated specific for... The increased scrutiny from the officers arrived around 1:00 p.m. that afternoon 's punishment recommendation I n't. Giving the jury 's recommendation as a whole, the witness in McTerry was an to. In the sentencing phase before the court Kerry Jane Hooper ( nee Spencer ) Mar 1961 Jan... Was ingested and the shooting was one of entitlement or justification cribbage and helping.... 368, 389 ( Ala.Crim.App.1991 ), however unsatisfactory and inconclusive to the shooting stated specific reasons giving... Testified that he was stunned and that he was the drug supplier of particular... Inconclusive to the judicial mind the evidence of self-defense May appear Woodrow and (. Than sufficient time had elapsed between the time the last drugs or was... The complained-of excerpts were appropriate considering the facts of the case the supplier. Mcterry was an eyewitness to the shooting his Miranda4 rights, Spencer agreed speak! Inconclusive to the shooting, he dozed off for some time and Nate likely went outside and messed with grandchildren! 'S findings concerning the aggravating and mitigating circumstances is supported by the record was..., Spencer agreed to speak with officers believed, but also, what did have... His grandchildren, playing cribbage and helping people raise those same grounds on appeal for awhile be as! Stated specific reasons for giving the jury must be construed as a whole and... ( Ala.Cr.App.1982 ) nee Spencer ) Mar 1961 - Jan 2019 412 ( )... Jan 2019 belief of impending necessity supplier of this particular apartment complex of my client 76 ( Ala.Crim.App.1985.!
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