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HYDE v. STATE

CR-95-2036.

778 So.2d 199 (1998)

James Matthew HYDE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 20, 1998.

Attorney(s) appearing for the Case

Terry Huffstutler, Guntersville; and David Roadruck, Guntersville, for appellant.

Bill Pryor, atty. gen., and Lindy Beale and Michael Billingsley, asst. attys. gen., for appellee.

BASCHAB, Judge.

The appellant, James Matthew Hyde, was charged with the capital murder of Ernest Andrew Whitten. The murder was made capital 1) because it occurred during a burglary, see § 13A-5-40(a)(4), Ala.Code 1975; 2) because Whitten was a grand jury witness, see § 13A-5-40(a)(14), Ala.Code 1975; 3) because Whitten had been subpoenaed to testify at the trial of Larry Whitehead, see § 13A-5-40(a)(14), Ala. Code 1975; and 4) because Whitten was a...

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