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HEARD v. STATE

CR-01-1810.

999 So.2d 982 (2005)

Rodericus Antonio HEARD v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 13, 2005.

Attorney(s) appearing for the Case

Kyla L. Groff Kelim, Alexander City, for appellant.

William H. Pryor, Jr., and Troy King, attys. gen., and John M. Porter, asst. atty. gen., for appellee.

After Remand from the Alabama Supreme Court

SHAW, Judge.

Rodericus Antonio Heard was indicted for two counts of capital murder in connection with the murder of Betty Weaver. Count I of the indictment charged murder made capital because it was committed during the course of a robbery, see § 13A-5-40(a)(2), Ala.Code 1975; Count II of the indictment charged murder made capital because it was committed by or through the use of a deadly weapon fired...

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