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BROWN v. STATE

CR-04-0293.

11 So.3d 866 (2007)

Michael BROWN v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied August 17, 2008.

Attorney(s) appearing for the Case

Angela L. Setzer and Bryan A. Stevenson, Montgomery, for appellant.

Troy King, atty. gen., and Jasper B. Roberts, Jr., asst. atty. gen., for appellee.

WISE, Judge.

The appellant, Michael Brown, was convicted of murdering Betty Kirkpatrick during the course of committing a robbery and a burglary, offenses defined as capital by §§ 13A-5-40(a)(2) and 13A-5-40(a)(4), Ala.Code 1975. The jury, by a vote of 11 to 1, recommended that Brown be sentenced to death. The circuit court followed the jury's recommendation and sentenced Brown to death. This appeal followed.

The State's evidence tended to show the...

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