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LEWIS v. STATE

6 Div. 244.

456 So.2d 413 (1984)

Daryl Dewayne LEWIS v. STATE.

Court of Criminal Appeals of Alabama.

August 14, 1984.

Attorney(s) appearing for the Case

Gary Pears, Vestavia Hills, for appellant.

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

BOWEN, Presiding Judge.

On August 9, 1982, Lasker B. Tapley was robbed of $304.66 and shot to death at the Trackside Service Station in Birmingham, which he managed. Daryl Dewayne Lewis was indicted for the capital offense of murder during a robbery in the first degree. Alabama Code 1975, § 13A-5-40(a)(2). A jury found him "guilty of the capital offense as charged in the indictment." After Mr. Tapley's wife and son testified that because of their Christian heritage...

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