Tarver v. State

This appeal follows a conviction for the offense of capital murder and a sentence of death. For the reasons outlined below, the conviction is reversed and this case is remanded for a new trial. Because of our decision to reverse and remand this case for a new trial, only a brief outline of the facts will be presented.

On December 8, 1981, the appellant took a loaded shotgun to a "Seven Eleven" convenience store near the corner of Michigan and Government Streets in Mobile. The appellant originally planned to rob the convenience store, but changed his mind when he realized that the store was…