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MERRILL v. STATE

CR-93-1054.

741 So.2d 1099 (1997)

Robert David MERRILL v. STATE.

Court of Criminal Appeals of Alabama.

Opinion on Return to Remand November 20, 1998.

Attorney(s) appearing for the Case

Cecilee R. Beasley, Dennis Wayne Jacobs, Richard S. Jaffe, and Stephen A. Strickland, Birmingham, for appellant.

Bill Pryor, atty. gen., Arthur F. Patterson, Jr., deputy atty. gen., and Stephen N. Dodd, asst. atty. gen., for appellee.

McMILLAN, Judge.

The appellant, Robert David Merrill, was indicted for capital murder in the death of Darius Welch, see § 13A-5-40(a)(18), Code of Alabama 1975 (makes capital murder committed by firing or otherwise using a deadly weapon from a vehicle). He also was indicted on a charge of attempted murder in the shooting of Demetrius Cotchery. The cases were consolidated for trial, and the appellant subsequently was found guilty of both offenses. The jury...

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