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DUNKINS v. STATE

6 Div. 669.

437 So.2d 1349 (1983)

Horace Franklin DUNKINS, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 1, 1983.

Attorney(s) appearing for the Case

Murray P. Stovall, III, of Dinsmore, Waites & Stovall, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., Ed Carnes, P. David Bjurberg, Asst. Attys. Gen., for appellee.

BOWEN, Judge.

The defendant was indicted for the capital offense of "rape when the victim is intentionally killed" in violation of Alabama Code Section 13A-5-31(a)(3) (1975). A jury found him guilty of "the capital offense as charged in the indictment." A separate sentencing hearing was held and the jury fixed the defendant's punishment at death. The trial court then held a separate hearing as required by Alabama Code Sections 13A-5-32 and -33 (1975), adjudged the...

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