HOUSTON, Justice.
Robert Lee Tarver, Jr., the defendant herein, was indicted and convicted under Alabama's 1981 capital punishment statute, §§ 13A-5-39 through 13A-5-59, Code 1975. For the murder of Hugh Sims Kite the defendant received the death penalty pursuant to § 13A-5-40(a)(2), which authorizes that penalty upon a conviction of murder committed during a robbery in the first degree or an attempt thereof. In the majority opinion the Court of Criminal...
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