Ex Parte Jones

Arthur Jones, petitioner, was indicted for the capital offenses of murder during a robbery in the first degree, Code 1975, § 13A-5-40 (a)(2), and murder committed while the defendant was under a sentence of life imprisonment, Code 1975, § 13A-5-40 (a)(6). A jury found petitioner "guilty of the capital offense as charged in the indictment," and later recommended that his punishment be fixed at death. The trial judge accepted the jury's recommendation and sentenced petitioner to death by electrocution. We granted a writ of certiorari, which petitioner is entitled to as a matter of right, in…