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LUKE v. STATE

4 Div. 98.

444 So.2d 393 (1983)

Johnny LUKE v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 29, 1983.

Attorney(s) appearing for the Case

James M. Ivins of Cornett, Perdue & Ivins, Phenix City, for appellant.

Charles A. Graddick, Atty. Gen. and William D. Little and Edward Carnes, Asst. Attys. Gen., for appellee.

TYSON, Judge.

Johnny Luke was indicted for and convicted of the capital murder of James T. Hughes, the proprietor of a general store in Hurtsboro, Alabama, during a robbery in the first degree, or an attempt thereof, in violation of § 13A-5-40(a)(2), Code of Alabama 1975.

Pursuant to § 13A-5-44, the appellant, with the consent of the State and with the approval of the trial court, waived the participation of a jury in the sentencing phase of the...

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