McMILLAN, Judge.
The appellant, Dominique Ray, was charged with the capital offense of murder committed during rape in the first degree, a violation of § 13A-5-40(a)(3), Ala.Code 1975. The State subsequently moved to quash the indictment and to substitute a new indictment, charging both capital murder during rape in the first degree, as previously charged, and capital murder during robbery in the first degree, a violation of § 13A-5-40(a)(2), Ala.Code 1975...
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