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PERKINS v. STATE

CR-02-1779.

897 So.2d 457 (2004)

James PERKINS v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

April 30, 2004.

Attorney(s) appearing for the Case

Jeb Stuart Fannin, Talladega, for appellant.

William H. Pryor, Jr., atty. gen., and Jack W. Willis, asst. atty. gen., for appellee.

WISE, Judge.

The appellant, James Perkins, was convicted of four counts of capital murder for killing Wysteria Mathews and one count of attempted murder for shooting B.W., Mathews's 15-year-old cousin. Three of the capital-murder counts charged that Perkins committed the murder during the course of a first-degree burglary, see § 13A-5-40(a)(4), Ala.Code 1975, and one of the capital-murder counts charged that Perkins committed the murder "by or through the use...

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