CR 89-1125.

600 So.2d 343 (1991)

Jimmy Lee DILL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 23, 1991.

Attorney(s) appearing for the Case

Michael D. Blalock, Birmingham, for appellant.

Don Siegelman, Atty. Gen., and Thomas W. Sorrells and Sandra J. Stewart, Asst. Attys. Gen., for appellee.

TYSON, Judge.

Jimmy Lee Dill was indicted for capital murder in violation of § 13A-5-40(a)(2), Code of Alabama 1975. He was found "guilty as charged in the indictment" and was sentenced to death. The record reveals that the victim, Leon Shaw, drove to Terry Dill's house on the afternoon of February 8, 1989. Shaw was not supposed to be driving because he was serving time at the Federal Work Release Center for a drug violation. Shaw was, however, allowed to leave...


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