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RUTLEDGE v. STATE

5 Div. 610.

482 So.2d 1250 (1983)

Mitchell RUTLEDGE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 4, 1983.

Attorney(s) appearing for the Case

Dennis N. Balske, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Rivard Melson and Ed Carnes, Asst. Attys. Gen., for appellee.

HUBERT TAYLOR, Judge.

Appellant was indicted and convicted under § 13A-5-31(a)(2), Code of Alabama 1975, for robbery when the victim is intentionally killed. A hearing was held to determine punishment. After weighing the aggravating and mitigating circumstances, the jury fixed appellant's punishment at death. In a second hearing,1 the trial court, in accord with §§ 13A-5-32, -33, -35, -36, Code of Alabama 1975, sentenced...

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