KENNEDY, Justice.
Eugene Clemons II was charged with murder. The indictment charged that the murder was made capital murder, on two bases— that it occurred during the course of a robbery and that the victim was a law enforcement officer who was killed in the line of duty. See § 13A-5-40(a)(2) and (a)(5), Ala. Code 1975. Clemons was convicted of the capital offense of murder during a robbery. The jury unanimously recommended that he be sentenced to death...
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