Bester v. State

BOOKOUT, Judge.

On March 14, 1978, the appellant, an inmate at Fountain Correctional Center, was indicted for the murder of a fellow prisoner, Hayes J. Tooson. Tooson was serving a life term for his part in the murder of Alabama football star Bobby Duke. Tooson v. State, 56 Ala.App. 613, 324 So.2d 327, cert. denied 295 Ala. 426, 324 So.2d 333 (1975). Appellant was indicted pursuant to § 13-11-1, et seq., Code of Ala. 1975, commonly known as the death penalty statute. An indictment under this statute must allege certain aggravating circumstances that are set forth therein. In the instant case,…