NOLEN v. STATE

6 Div. 757.

376 So.2d 1145 (1979)

Tony Randolph NOLEN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 16, 1979.


Attorney(s) appearing for the Case

Russell T. McDonald, Jr. and Roger A. Brown, of McDonald, Brown & Tipler, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen. and Thomas R. Allison, Asst. Atty. Gen., for the State.


BOWEN, Judge.

The defendant was indicted and found guilty for the robbery and intentional killing of Nigel Harlan under Alabama's Death Penalty Act. Code of Alabama, Section 13-11-2(a)(2) (1975). After a hearing on the aggravating and mitigating circumstances, the trial judge refused to accept the death penalty as fixed by the jury and sentenced the defendant to life imprisonment without parole. Only two issues are presented on appeal.

On August 17, 1977,...

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