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SMELLEY v. STATE

7 Div. 187.

564 So.2d 74 (1990)

Lionel SMELLEY, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied February 23, 1990.

Attorney(s) appearing for the Case

Thomas R. Allison and W. Barry Alvis of Griffin, Allison, May & Alvis, Birmingham, for appellant.

Don Siegelman, Atty. Gen., and Robert E. Lusk, Jr. and Mary Ellen Forehand, Asst. Attys. Gen., for appellee.

TYSON, Judge.

Lionel Smelley was indicted by the Shelby County Grand Jury at the March Term of 1986 on three counts: (1) capital murder, or murder while committing robbery in the first degree, in violation of § 13A-5-40(a)(2), Code of Alabama 1975; (2) murder in violation of § 13A-6-2(a)(1), Code of Alabama 1975; and (3) robbery in the first degree in violation of § 13A-8-41(a)(1), Code of Alabama 1975. After a lengthy trial, from August 2 to August...

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