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EGGERS v. STATE

CR-02-0170.

914 So.2d 883 (2004)

Michael Wayne EGGERS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Certiorari Quashed May 20, 2005.

Attorney(s) appearing for the Case

John G. Stokesberry, Jacksonville, for appellant.

William H. Pryor, Jr., and Troy King, attys. gen., and Jeremy W. McIntire, asst. atty. gen., for appellee.

Alabama Supreme Court 1040344.

On Application for Rehearing

SHAW, Judge.

The opinion issued on October 1, 2004, is withdrawn and the following opinion substituted therefor.

The appellant, Michael Wayne Eggers, was convicted of two counts of capital murder in connection with the murder of Bennie Francis Murray. The murder was made capital (1) because it was committed during the course of a kidnapping, see § 13A-5-40(a)(1), Ala...

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