Smith v. State

BURKE, Judge.

James Wilbert Smith was convicted of two counts of murder made capital because Smith committed the murders after having been convicted of another murder in the preceding 20 years, a violation of § 13A-5-40(a)(13), Ala.Code 1975. Smith was also convicted of an additional count of murder made capital because two or more persons were murdered by one act or pursuant to one scheme or course of conduct, a violation of § 13A-5-40(a)(10), Ala.Code 1975. Smith was sentenced to life imprisonment without the possibility of parole. This appeal follows.

The evidence at trial established that…