Harrison v. State

The appellant, James A. Harrison, Jr., was convicted of capital murder for the killing of Thomas Fred Day, Jr. The murder was made capital because the appellant committed it during the course of a first-degree robbery. See §13A-5-40(a)(2), Ala. Code 1975. After a sentencing hearing, the jury recommended, by a vote of 11-1, that the appellant be sentenced to death. The trial court accepted the jury's recommendation and sentenced the appellant to death. The appellant filed a motion for a new trial, which was deemed denied by operation of law. See Rule 24.4, Ala. R. Crim. P. This appeal followed. Because the appellant does not challenge the sufficiency of the evidence to support his conviction, a lengthy recitation of the facts of the case is not necessary. However, we have reviewed the evidence, and we find that it is sufficient to support the appellant's conviction. The following summary of the relevant facts, which the trial court prepared, may be helpful to an understanding of this case: