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REL: 11/13/2009

Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,
Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter.
ALABAMA COURT OF CRIMINAL APPEALS
OCTOBER TERM, 2009-2010
CR-06-0854
Jimmy Lamar Killingsworth, Jr.
v.
State of Alabama
Appeal from Bibb Circuit Court (CC-05-9)
WISE, Presiding Judge.
The appellant, Jimmy Lamar Killingsworth, Jr., was convicted of capital murder for the killing of Steven C. Spears, Jr. ("Steven") and one count of second-degree assault for the assault of Monica Spears ("Monica"), a violation of

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Alabama Law