ASHLEY v. STATE

CR-91-1827.

651 So.2d 1096 (1994)

Mike Shannon ASHLEY v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 19, 1994.

Certiorari Denied December 9, 1994.


Attorney(s) appearing for the Case

Bobbie Crook, Deanna S. Higginbotham, Dothan, Barry Fisher, Atlanta, GA, for appellant.

James H. Evans, Atty. Gen., and Jean Williams Brown, Asst. Atty. Gen., for appellee.


Alabama Supreme Court 1931687.

TAYLOR, Judge.

The appellant, Mike Shannon Ashley, was convicted of murder made capital because the murder occurred during a burglary. § 13A-5-40(a)(4), Code of Alabama 1975. The jury, by a vote of 10 to 2, recommended the death penalty. The trial court accepted the jury's recommendation and sentenced the appellant to death by electrocution.

Because we reverse the judgment in this cause, we will address only those...

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