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BROWNFIELD v. STATE

CR-04-0743.

44 So.3d 1 (2007)

James Ben BROWNFIELD, Jr. v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 26, 2007.

Attorney(s) appearing for the Case

Stephen P. Bussman , Fort Payne; and L. Jayson Carroll , Rainsville, for appellant.

Troy King , atty. gen., and Tracy Daniel , asst. atty. gen., for appellee.

McMILLAN, Judge.

The appellant, James Ben Brownfield, Jr., was convicted of three counts of capital murder for killing Brenda McCutchin, Joshua Hodges, and Latham McCutchin. Count I charged Brownfield with murdering Latham McCutchin during the course of a burglary. See § 13A-5-40(a)(4), Ala. Code 1975. Count II charged Brownfield with murdering Brenda McCutchin, Joshua Hodges, and Latham McCutchin during one act or pursuant to one scheme or course of conduct...

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