Baldwin v. State

The appellant was convicted of the capital felony of "robbery or attempts thereof when the victim is intentionally killed by the defendant." Section 2 (b), Act No. 213, Acts of Alabama 1975, approved September 9, 1975. [Now § 13-11-2 (a)(2), Code of Ala. 1975] The jury filed punishment at death, and the trial court after a hearing on aggravating and mitigating circumstances sentenced the appellant to death.

The facts of the case are set out in detail in the companion case of Horsley v. State, Ala.Cr.App., [1 Div. 931, October 3, 1978]. However, for the purposes of this opinion, a brief…