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EX PARTE FREEMAN

88-17.

555 So.2d 215 (1989)

Ex parte Darryl Eugene FREEMAN. (Re Darryl Eugene Freeman v. State).

Supreme Court of Alabama.

Rehearing Denied December 8, 1989.

Attorney(s) appearing for the Case

James M. Dyer and R. Wayne Wolfe, Huntsville, for petitioner.

Don Siegelman, Atty. Gen., and P. David Bjurberg and William D. Little, Asst. Attys. Gen., for respondent.

KENNEDY, Justice.

In 1984, Darryl Eugene Freeman was convicted of capital murder based on a killing committed during a rape in the first degree or attempt thereof, Code 1975, § 13A-5-40(a)(3). The jury recommended a sentence of life without parole. The trial court sentenced the petitioner to death by electrocution. The Court of Criminal Appeals reversed the judgment in 1986; however, after the state filed an application for rehearing, the Court of Criminal Appeals...

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