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COOK v. STATE

77-320.

369 So.2d 1251 (1978)

In re Recardo COOK v. STATE of Alabama. Ex parte Recardo Cook.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing February 9, 1979.

Attorney(s) appearing for the Case

J. Louis Wilkinson and Charles M. Purvis of Wilkinson, Purvis & Pickard, Birmingham, for petitioner.

William J. Baxley, Atty. Gen. and James L. O'Kelley, Asst. Atty. Gen. for the State, OPPOSED.

FAULKNER, Justice.

Recardo Cook was convicted of "robbery. . . when the victim is intentionally killed." § 13-11-2(a)(2), Code of Ala.1975. After a sentencing hearing held by the trial court, Cook was sentenced to death. His conviction and punishment were upheld by the Court of Criminal Appeals. This court granted certiorari as a matter of right. ARAP 39(c).

Cook urges two grounds for reversal: (1) that the Alabama Death Penalty Act is unconstitutional...

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