DAN M. LEE, Justice, for the Court:
Waddell Laney, appellant, was indicted, tried and convicted for the capital murder of Charles Busby Smith, deputy sheriff of Montgomery County who was acting within his official capacity. At the conclusion of the sentencing phase of Laney's trial, the jury sentenced him to death. Finding error, we reverse and remand for a new trial.
The facts of this case are not disputed. On January 12, 1981, Sheriff Billy Costilow went...
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