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EX PARTE PAYNE

1941815.

683 So.2d 458 (1996)

Ex parte Max Landon PAYNE. (Re Max Landon Payne v. State).

Supreme Court of Alabama.

Rehearing Denied October 18, 1996.

Attorney(s) appearing for the Case

Larry Collins, Cullman, for Petitioner.

Jeff Sessions, Atty. Gen., and Cedric B. Colvin, Asst. Atty. Gen., for Respondent.

KENNEDY, Justice.

Max Landon Payne was convicted on three counts of capital murder (all relating to one killing): count one charged Payne with intentional murder committed during an abduction with the intent to accomplish or aid the commission of robbery or flight therefrom, pursuant to § 13A-5-40(a)(1), Ala.Code 1975; count two charged Payne with intentional murder during an abduction with the intent to inflict serious physical injury, pursuant to

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