TYSON, Judge.
Coy Patrick Crowe was indicted for the capital murder of one James Taylor, whom he shot with a pistol. Mr. Crowe, the appellant herein, was indicted pursuant to § 13A-5-40(a)(5), Code of Alabama 1975, for murder of a deputy sheriff while such deputy was on duty.
The jury returned a verdict of "guilty of capital murder as charged in the indictment," and, after a separate sentencingphase hearing, the jury recommended that the appellant "be...
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