COLLEY v. STATE

4 Div. 648.

405 So.2d 374 (1979)

Kelly COLLEY v. STATE.

Court of Criminal Appeals of Alabama.

After Remandment January 22, 1980.

On Rehearing February 26, 1980.

Rehearing Denied March 18, 1980.


Attorney(s) appearing for the Case

H. E. Lane, Thomas E. Haigh, and S. Mark Jordan, Enterprise, for appellant.

Charles A. Graddick, Atty. Gen. and J. Anthony McLain, Asst. Atty. Gen., for the State.


BOOKOUT, Judge.

Robbery with the aggravating circumstance of intentionally killing the victim; sentence: death by electrocution.

Some time around the hour of 3:00 and 3:15 p. m. on July 8, 1977, the appellant together with one Tommy Lewis (an indicted co-defendant) entered the service station of James O. Counts, Jr., better known as Junior Counts. They then robbed and intentionally killed him. Approximately thirty minutes before the fatal shooting, W. J. ...

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