TYSON, Judge.
Thomas Douglas Arthur was indicted and tried for the capital murder of Troy Wicker, whom he shot once with a pistol through the right eye. Mr. Arthur, the appellant herein, was indicted, pursuant to § 13A-5-40(a)(13), Code of Alabama 1975, for "murder by a defendant who has been convicted of any other murder in the 20 years preceeding the crime."
The jury returned a verdict of "guilty as charged in the indictment," and, after a separate...
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