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MORROW v. STATE

CR-01-1619.

928 So.2d 315 (2004)

John E. MORROW v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

August 27, 2004.

Attorney(s) appearing for the Case

Leonard F. Mikul, Bay Minette, for appellant.

William H. Pryor, Jr., atty. gen., and Jeremy W. McIntire, asst. atty. gen., for appellee.

SHAW, Judge.

The appellant, John E. Morrow, was convicted of three counts of capital murder in connection with the death of Thomas Philyaw.1 The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see § 13A-5-40(a)(1), Ala.Code 1975; (2) because it was committed during the course of a robbery in the first degree, see § 13A-5-40(a)(2), Ala.Code 1975; and (3) because Philyaw...

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