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SMITH v. STATE

CR-91-1733.

698 So.2d 189 (1996)

James Wyman SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 3, 1996.

Attorney(s) appearing for the Case

J. Michael Williams, Auburn; Thomas E. Jones, Auburn, for Appellant.

Jeff Sessions, Atty. Gen., and David Bjurberg, Asst. Atty. Gen., for Appellee.

PATTERSON, Judge.

The appellant, James Wyman Smith, was indicted in 1986 by the Lee County grand jury, for the capital offense of murder committed during a kidnapping in the first degree, or an attempt thereof. See § 13A-5-40(a)(1), Code of Alabama 1975. The indictment reads, in pertinent part, as follows:

"The grand jury ... charged that ... James Wyman Smith ... did intentionally cause the death of Linda Darlene Talbert by strangling her with an article...

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