Kyzer v. State

TAYLOR, Judge.

Dudley Wayne Kyzer was convicted of first degree murder and was sentenced to death, pursuant to the death penalty statute in effect at the time of his crime, §§ 13-1-1 et seq., Code of Alabama 1975. This sentence was ultimately reversed and the case remanded for a new trial based on Beck v. State, 396 So.2d 645 (Ala.1980). See Kyzer v. State, 399 So.2d 317 (Ala.Cr. App.1979), rev’d, 399 So.2d 330 (Ala.1981). Accordingly, on December 4, 1981, a new trial commenced and the appellant was convicted of two counts of first degree murder, § 13-1-70, Code of Alabama 1975, and…