BOWEN, JUDGE The defendant was indicted and convicted for the capital murder of Ernest McCoy Payne and Jerry Leroy Simmons in violation of Alabama Code 1975, Section 13A-5-31(a)(10) (murder in the first degree wherein two or more human beings are intentionally killed by the defendant by one or a series of acts.). In accordance with the recommendation of the jury, sentence was fixed at life imprisonment without parole. Three issues are argued on appeal.
