TYSON, Judge.
Paul Edward Murry was indicted for the capital offense of murdering one Mary Pearl McCord, by shooting her with a pistol, while she was on active duty as a police officer for the City of Montgomery and was attempting to arrest Murry in violation of § 13A-5-40(a)(5), Code of Alabama, 1975.
The jury found the appellant "guilty of the capital offense as charged in the indictment."
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