BURTON v. STATE

CR-91-1185.

651 So.2d 641 (1993)

Charles Lee BURTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 4, 1994.


Attorney(s) appearing for the Case

William J. Willingham, Talladega, and Larry Morris, Alpine, for appellant.

James H. Evans, Atty. Gen., and Robin Blevins and Kenneth Nunnelly, Asst. Attys. Gen., for appellee.


TAYLOR, Judge.

The appellant, Charles Lee Burton, was convicted of murder made capital because it was committed during the course of a robbery in the first degree. § 13A-5-40(a)(2), Code of Alabama 1975. The jury unanimously voted for the death penalty. The trial court accepted the jury's recommendation and sentenced the appellant to death by electrocution.

The state's evidence tended to show that on August 16, 1991, six men—the appellant, Derrick...

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