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ROGERS v. STATE

6 Div. 736.

630 So.2d 78 (1991)

David Walter ROGERS and Donnis George Musgrove v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied September 20, 1991.

Attorney(s) appearing for the Case

Tommy Nail, Birmingham, for appellant David Walter Rogers.

Dwight Driskill, Birmingham, for appellant Donnis George Musgrove.

Don Siegelman, Atty. Gen., and Melissa G. Math and Sandra Stewart, Asst. Attys. Gen., for the State.

McMILLAN, Judge.

This is a death penalty.

David Rogers was charged in a two-count indictment with capital murder as follows: Count I charged that he intentionally caused the death of Coy Eugene Barron, by shooting him with a pistol during the course of a burglary, in violation of § 13A-5-40(a)(4), Code of Alabama 1975; and Count II charged that he committed the murder while he was under a sentence of life imprisonment, in violation of § 13A...

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