MITCHELL v. STATE

CR-94-2245.

706 So.2d 787 (1997)

Atif MITCHELL v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 20, 1997.

Certiorari Denied November 21, 1997.


Attorney(s) appearing for the Case

William J. Baxley and David McKnight, Birmingham, for appellant.

Bill Pryor, atty. gen., and James B. Prude, asst. atty. gen., for appellee.


Alabama Supreme Court 1961633.

COBB, Judge.

Atif Mitchell was charged in a three-count indictment with the following counts of capital murder: count one, shooting Demarcus King, see § 13A-5-40(a)(17), Ala.Code 1975, "[m]urder committed by or through the use of a deadly weapon while the victim is in a vehicle"; count two, shooting Omarfio Houston, see § 13A-5-40(a)(17), Ala.Code 1975; and, count three, causing the death of both Demarcus King and Omarfio...

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