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EX PARTE STATE

1041265.

999 So.2d 992 (2007)

Ex parte State of Alabama. (In re Rodericus Antonio HEARD v. STATE of Alabama).

Supreme Court of Alabama.

January 12, 2007.

Attorney(s) appearing for the Case

Troy King, atty. gen., Kevin Newsom, deputy atty. gen., and Stephanie N. Morman and John M. Porter, asst. attys. gen., for petitioner.

Kyla Groff Kelim of Davis & Neal, Mobile, for respondent.

BOLIN, Justice.

Rodericus Antonio Heard was indicted on two counts of capital murder resulting from the killing of Betty Weaver. Count I of the indictment alleged that Heard murdered Weaver during the course of a robbery in the first degree, § 13A-5-40(a)(2), Ala.Code 1975. Count II alleged that Heard murdered Weaver "by or through the use of a deadly weapon fired or otherwise used from outside a dwelling while the victim is in a dwelling," § 13A-5-40(a...

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