MONTIEL, Judge.
The appellant, Edward Curry Johnson, was charged by a two-count indictment, under count one, with the murder of Antonio DeWayne Hendricks, made capital because it was committed during a robbery, see § 13A-5-40(a)(2), Code of Alabama 1975, and, under count two, with the murder of Antonio DeWayne Hendricks, James Garrett, and Alejandra Clinton, made capital because two or more persons were murdered as a result of one act or pursuant to one scheme...
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