Jackson v. State

Appellant, Joe Nathan Jackson, was indicted in a two-count indictment on April 29, 1988, for the capital offenses of murder committed during a robbery in the first degree, §13A-5-40(a)(2), Code of Alabama 1975, and murder committed during a kidnapping in the first degree, § 13A-5-40(a)(1). Appellant entered pleas of not guilty to both charges, and the case was tried before a jury. At the close of the state's case-in-chief, the trial court granted appellant's motion for a judgment of acquittal as to Count II, which charged murder committed during a kidnapping in the first degree. On August 26,…