TYSON, Judge.
James Wyman Smith was charged by indictment with capital murder committed during a kidnapping in the first degree, in violation of § 13A-5-40(a)(1), Code of Alabama 1975. The petit jury, at the conclusion of the guilt phase of the trial, found the appellant "guilty as charged in the indictment" and, during the sentencing phase, recommended that he be sentenced to death. The trial judge accepted the jury's recommendation and sentenced the appellant...
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