Smelley v. State

Lionel Smelley was indicted by the Shelby County Grand Jury at the March Term of 1986 on three counts: (1) capital murder, or murder while committing robbery in the first degree, in violation of § 13A-5-40(a)(2), Code of Alabama 1975; (2) murder in violation of § 13A-6-2(a)(1), Code of Alabama 1975; and (3) robbery in the first degree in violation of § 13A-8-41(a)(1), Code of Alabama 1975. After a lengthy trial, from August 2 to August 8, 1988, the petit jury found the appellant "guilty of the offense of capital murder . . . having found that said Defendant committed an intentional murder…