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DUREN v. STATE

6 Div. 619.

507 So.2d 111 (1986)

David Ray DUREN v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand October 14, 1986.

Rehearing Denied November 12, 1986.

Attorney(s) appearing for the Case

Roger C. Appell, Birmingham, for appellant.

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

BOWEN, Presiding Judge.

David Ray Duren was convicted for the capital offense involving the robbery and intentional murder of Kathleen Bedsole in violation of Alabama Code 1975, § 13A-5-40(a)(2), and sentenced to death. Three issues are raised on this appeal of that conviction and sentence.

I

At the jury sentencing-phase of the defendant's trial, the trial judge instructed the jury that, "The only [aggravating] circumstances that I'm going to...

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