The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily includes one or more aggravating circumstances as specified in Section 13A-5-49 shall not be construed to preclude the finding and consideration of that relevant circumstance or circumstances in determining sentence. By way of illustration and not limitation, the aggravating circumstance specified in Section 13A-5-49(4) shall be found and considered in determining sentence in every case in which a defendant is convicted of the capital offenses defined in subdivisions (1) through (4) of subsection (a) of Section 13A-5-40.
Ala. Code § 13A-5-50
Consideration of Aggravating Circumstances in Sentence Determination.
Known as the Alabama Criminal Code
The act spans §§ 13A-10-1 to 13A-9-92 (653 sections).
Applied in 1 court decision — leading case 507 So. 2d 111 - Duren v. State (1986)
Most recently applied in 507 So. 2d 111 - Duren v. State (October 1986)
(Acts 1981, No. 81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.