Smith v. State

PATTERSON, Retired Appellate Judge.

The Houston County grand jury indicted the appellant, Jerry Jerome Smith, on February 20, 1997, for the capital offense of “[mjurder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct,” Alabama Code 1975, § 13A-5-40(a)(10).1 At arraignment, he entered pleas of not guilty and of not guilty by reason of mental disease or defect. He withdrew this latter plea before his case was submitted to the jury. When withdrawing the plea, his counsel stated, “Nobody’s saying he’s insane. We’re just saying…