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BARNES v. STATE

CR-95-1321.

727 So.2d 839 (1997)

Michael Shawn BARNES v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand August 14, 1998.

Rehearing Denied October 23, 1998.

Attorney(s) appearing for the Case

Arthur Madden III, Mobile; and Gordon Armstrong III, Mobile, for appellant.

Bill Pryor, atty. gen., and John Gibbs, asst. atty. gen., for appellee.

COBB, Judge.

Michael Shawn Barnes appeals from his conviction of capital murder and his sentence of death by electrocution in connection with the killing of Mr. John Cimprich in Saraland. The murder was made capital because it was committed in the course of a burglary in the first degree, see § 13A-5-40(a)(4), Ala.Code 1975. Barnes was found guilty as charged and, following a sentencing hearing, the jury returned an advisory verdict of life imprisonment without...

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