Brown v. State

Gary Leon Brown was indicted for the capital offense of the murder of Jack McGraw during a robbery in violation of §13A-5-40(a)(2), Code of Alabama 1975. The jury found the appellant "guilty of capital murder as charged in the indictment". After the punishment phase of the trial the jury returned an advisory verdict for death by a vote of ten "for death" and two "for life without parole". At the sentencing hearing the trial judge upheld the jury's advisory verdict by sentencing the appellant to death by electrocution.

Walter James, Jr., cousin of the victim, testified that he last saw the…