Nelson v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

David Larry Nelson, appellant, was initially indicted for the capital offense of murder in the first degree wherein two or more human beings are intentionally killed by the defendant by one or a series of acts. Ala. Code § 13-11-2(a)(10) (1975). Appellant filed a motion to quash the indictment, which was overruled by the trial court after the parties agreed by stipulation that the initial indictment be nol prossed and that Nelson be indicted instead for two…