Ex Parte Magwood

Magwood was indicted for the offense of robbery when the victim is intentionally killed. Code 1975, § 13A-5-31 (a)(2) (Supp. 1978) (repealed 1981).1 He was arraigned and pleaded not guilty. A jury found him guilty of the capital offense charged in the indictment. A sentencing hearing was held in accordance with Beck v. State, 396 So.2d 645 (Ala. 1980), and the jury fixed appellant's punishment at death. Thereafter, the trial court held another sentencing hearing and, after weighing the aggravating and mitigating circumstances and considering the jury's recommendation of death, sentenced…