STEWART v. STATE

CR-90-0415.

730 So.2d 1203 (1996)

Charles Randall STEWART v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Third Return to Remand September 26, 1997.

Rehearing Denied November 14, 1997.


Attorney(s) appearing for the Case

Randall S. Susskind, Montgomery (on return to remand; appeared May 9, 1995); and Steve Giddens, Talladega (appointed May 2, 1996), for appellant.

Jeff Sessions and Bill Pryor, attys. gen.; Sandra Stewart, deputy atty. gen.; and Gail Ingram Hampton and Lindy Beale, asst. attys. gen., for appellee (on return to remand).


On Second Return to Remand

TAYLOR, Presiding Judge.

The appellant, Charles Randall Stewart, was convicted of murder, made capital because the murder was committed during the course of a burglary and a kidnapping, see § 13A-5-40(1) and § 13A-5-40(4), Code of Alabama 1975. By a vote of 10 to 2, the jury recommended that the appellant be sentenced to death. The trial court accepted the jury's recommendation and sentenced the appellant to death...

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