LONG, Presiding Judge.
The appellant, Roy Burgess, Jr., was convicted of murder made capital because it was committed during the course of a robbery in the first degree. See § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 10-2, recommended that Burgess be sentenced to life imprisonment without parole. The trial court overrode the jury's recommendation and sentenced Burgess to death.
The state's evidence tended to show that on the afternoon of...
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