McKinney v. State

The appellant, Kendrick McKinney, was indicted on a charge of murder made capital because it was committed during the course of a robbery. § 13A-5-40(a)(2), Code of Alabama 1975. A jury found McKinney guilty as charged in the indictment and recommended that he be sentenced to life in prison without parole. The trial court followed the jury's recommendation and sentenced McKinney to life in prison without parole.

The evidence adduced at trial tended to show the following: On September 26, 1992, at about 11:30 p.m., Birmingham police responded to a call in the Fountain Heights neighborhood,…