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SMITH v. STATE

CR-91-1975.

698 So.2d 1166 (1997)

Willie B. SMITH III v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 21, 1997.

Certiorari Denied July 3, 1997.

Attorney(s) appearing for the Case

Michael W. Sanderson, Birmingham (appointed Feb. 25, 1993); and Kathryn V. Stanley, Montgomery (appearance entered May 10, 1993), for appellant.

Bill Pryor, atty. gen., and Cecil Brendle, Jr., asst. atty. gen., for appellee.

Alabama Supreme Court 1961068.

McMILLAN, Judge.

The appellant, Willie B. Smith III, was found guilty of two counts of capital murder, for committing an intentional murder during the course of a robbery and for committing an intentional murder in the course of a kidnapping, see § 13A-5-40(a)(2) and § 13A5-40(a)(1), Code of Alabama 1975, respectively. The jury thereafter returned an advisory verdict recommending that the appellant be sentenced...

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