¶2I agree with the State's argument that in sentencing Tomlin to death the trial court did not violate Ala. Code 1975, § 13-11-6 (repealed), in finding the existence of an aggravating circumstance — that two persons were killed by one course of conduct — that was not enumerated in that Code section (Ex parteKyzer, 399 So.2d 330 (Ala. 1981)), because the capital offense in this case made Tomlin eligible for the death penalty. However, in the jury's unanimous recommendation "mercy seasons justice."3
3 William Shakespeare, The Merchant of Venice, act IV, sc. i.