James Matthew Hyde was convicted of capital murder for the death of Ernest Andrew Whitten, an Albertville police officer. The murder was made capital (1) because it occurred during a burglary, see § 13A-5-40 (a)(4), Ala. Code 1975; (2) because Whitten had served as a grand-jury witness, see § 13A-5-40 (a)(14); and (3) because Whitten had been subpoenaed to testify at the trial of Larry Whitehead, see § <cross_referenc…
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