Morrow v. State

The appellant, John E. Morrow, was convicted of three counts of capital murder in connection with the death of Thomas Philyaw.1 The murder was made capital (1) because it was committed during the course of a kidnapping in the first degree, see § 13A-5-40(a)(1), Ala. Code 1975; (2) because it was committed during the course of a robbery in the first degree, see §13A-5-40(a)(2), Ala. Code 1975; and (3) because Philyaw was in a vehicle at the time of his death, see § 13A-5-40(a)(17), Ala. Code 1975. By a vote of 8-4, the jury recommended that Morrow be sentenced to life imprisonment without the…