Nash v. State

KELLUM, Judge.

David Michael Nash was indicted for murder made .capital because it was committed for pecuniary gain or pursuant to a contract or for hire. See § 13A-5-40(a)(7), Ala. Code 1975. The -jury found Nash guilty of felony murder during a robbery. See § 13A-6-2(a)(3), Ala. Code 1975. The trial court sentenced Nash to 28 years’ imprisonment. • ■

The dispositive issue in this appéal is whether felony murder during a robbery is a lesser-included offense of murder made capital because it was committed for pecuniary gain or for hire as charged in Nash’s indictment.'Nash argues that felony…