PATTERSON, Judge.
Appellant, Charles Edward Owens, was indicted by the Spring 1982 term of the Russell County Grand Jury for the capital murder of Rebecca Heath. The indictment alleged that Mrs. Heath was murdered during a kidnapping in the first degree, in violation of § 13A-5-40(a)(1), Code of Alabama 1975. At the guilt finding phase of appellant's trial, a jury found him guilty as charged. At the sentence determining phase, the jury (nine voting for life imprisonment...
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