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WHITEHEAD v. STATE

CR-95-2129.

777 So.2d 781 (1999)

Larry Wayne WHITEHEAD v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 22, 1999.

Attorney(s) appearing for the Case

Hoyt L. Baugh, Jr., Rainsville, for appellant.

Bill Pryor, atty. gen., and Michael B. Billingsley, asst. atty. gen., for appellee.

LONG, Presiding Judge.

The appellant, Larry Wayne Whitehead, was convicted of three counts of capital murder in connection with the murder of Ernest Andrew Whitten. The murder was made capital (1) because it was committed during a burglary in the first degree, see § 13A-5-40(a)(4), Ala.Code 1975; (2) because Whitten, at the time of his murder, had testified before a grand jury that had indicted Whitehead for theft in the first degree, see § 13A-5-40(a)(14...

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