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EX PARTE SMITH

No. 1900153.

581 So.2d 531 (1991)

Ex parte James Wyman SMITH. (Re James Wyman Smith v. State).

Supreme Court of Alabama.

Rehearing Denied May 10, 1991.

Attorney(s) appearing for the Case

J. Michael Williams, Sr. and Thomas E. Jones, Auburn, for petitioner.

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

KENNEDY, Justice.

James Wyman Smith was indicted for capital murder committed during a kidnapping in the first degree, Ala.Code 1975, § 13A-5-40(a)(1).1 The jury found Smith "guilty as charged in the indictment" and recommended that he be sentenced to death. The trial court, accepting the jury's recommendation, sentenced Smith to death. The Court of Criminal Appeals affirmed the judgment of the trial court, with an opinion, and we...

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