TAYLOR, Judge.
The defendant, John W. Peoples, Jr., was indicted by the Talladega County Grand Jury on August 3, 1983, in a five-count capital murder indictment. Count one charged murder of two or more persons, namely, Paul G. Franklin, Sr., and Judy C. Franklin, by one act or pursuant to one scheme or course of conduct, a violation of § 13A-5-40(a)(10), Code of Alabama 1975. Count two charged murder of Paul G. Franklin, Sr., during the kidnapping in the first...
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