McMILLAN, Judge.
The appellant was indicted in a four-count indictment on charges of capital murder: counts I and II of the indictment charging the appellant with committing murder during a robbery in the first degree, in violation of § 13A-5-40(a)(2), Code of Alabama 1975; count III charging the commission of murder during rape in the first degree, in violation of § 13A-5-40(a)(3), Code of Alabama 1975; and count IV charging the appellant...
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