BOWEN, Judge.
Terry Bird was indicted for the capital murder of Charles Williams in violation of Ala.Code 1975, § 13A-5-40, subsection (a)(2) (murder during a robbery), (a)(4) (murder during a burglary, two counts), and (a)(14) (murder of a witness). His trial was consolidated with that of Jacob Warner. See Warner v. State,
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