Ex Parte Bryars

This is a "pre-Beck" death penalty case. Beck v. State,396 So.2d 645 (Ala. 1981). Bryars was convicted and sentenced to death for first degree murder of two persons intentionally killed in one or a series of acts. Section 13A-5-31 (a)(10), Code of Alabama 1975.

The victims, Maynard Coleman and Dave Hudson, were killed by shells fired from a 12 gauge shotgun on November 21, 1979, between 5:30 P.M. and 7:00 P.M. Investigators at the scene found four spent shells and one full slug which had apparently misfired.

There were no eye-witnesses to the shooting. Maynard's fourteen-year-old nephew,…