Whitehead v. State

On July 1, 1996, the appellant, Larry Wayne Whitehead, was convicted of three counts of capital murder in connection with the murder of Ernest Andrew Whitten. The murder was made capital because the appellant committed it during the course of a first-degree burglary, see § 13A-5-40(a)(4), Ala. Code 1975; because Whitten had testified before a grand jury that had indicted the appellant for first-degree theft of property, see § 13A-5-40(a)(14), Ala. Code 1975; and because Whitten had been subpoenaed to testify at the appellant's trial on the theft charge, see §13A-5-40(a)(14), Ala. Code 1975.…