SMITH v. STATE

CR-98-0206.

795 So.2d 788 (2000)

Joseph Clifton SMITH v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 25, 2000.


Attorney(s) appearing for the Case

Glenn L. Davidson, Mobile, for appellant.

Bill Pryor, atty. gen.; and J. Clayton Crenshaw and Thomas F. Parker IV, asst. attys. gen., for appellee.


PER CURIAM.

The appellant, Joseph ("Jody") Clifton Smith, was convicted of murdering Durk Van Dam during the course of a robbery, an offense defined as capital by § 13A-5-40(a)(2), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Smith be sentenced to death. The trial court accepted the jury's recommendation and sentenced Smith to die in Alabama's electric chair at a date to be set by the Alabama Supreme Court.

The State's evidence tended...

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