James Edward Bagley v. State

The appellant, Jimmy Davis, was indicted on May 17, 1993, in Calhoun County, for the capital offense of murder committed during a robbery in the first degree, in violation of § 13A-5-40 (a)(2), Code of Alabama 1975. A jury found him guilty as charged on December 10, 1993. A sentencing hearing was held before the jury, in accordance with §§ 13A-5-43 through -46, and the jury returned as advisory verdict recommending that the appellant be sentenced to death. The vote of the jury in arriving at the advisory verdict was 11 in favor of death and 1 in favor of life imprisonment without the possibility of parole. Thereafter, the trial court held another sentencing hearing and, on March 4, 1994, sentenced the appellant to death. The appellant raises five issues on appeal.