BERARD v. STATE

3 Div. 25.

402 So.2d 1044 (1980)

Jerome Vincent BERARD, v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand June 23, 1981.

Rehearing Denied August 4, 1981.


Attorney(s) appearing for the Case

John L. Capell, III, of Capell, Howard, Knabe & Cobbs, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., Mary Jane LeCroy, Asst. Atty. Gen., for appellee.


BOOKOUT, Judge.

Murder in the first degree wherein two or more human beings are intentionally killed; sentence: death by electrocution. Section 13-11-2(10), Code of Ala.1975.

The State's evidence proved beyond any reasonable doubt that in the early morning hours of April 15, 1978, eighteen-year-old Jerome Vincent Berard unlawfully, intentionally, and with malice aforethought killed Jeffery D. Smith and John D. Thompson, ages fourteen and sixteen respectively...

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