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DUNCAN v. STATE

CR-95-1544.

827 So.2d 838 (1999)

Trace Royal DUNCAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 3, 1999.

Attorney(s) appearing for the Case

Joe W. Morgan, Jr., Birmingham, for appellant.

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

McMILLAN, Judge.

The appellant, Trace Royal Duncan, was charged in a two-count indictment with the capital murder of Vicki Deblieux. Count I of the indictment charged the appellant with the capital offense of murder committed during a kidnapping in the first degree, see § 13A-5-40(a)(1), Ala.Code 1975. Count II of the indictment charged the appellant with the capital offense of murder committed during a robbery in the first degree, see § 13A-5-40(a)(2),...

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