Alabama Code Title 13A. Criminal Code § 13A-5-39
Search Code of Alabama
As used in this article, these terms shall be defined as follows:
(1) Capital offense. An offense for which a defendant shall be punished by a sentence of death or life imprisonment without parole, or in the case of a defendant who establishes that he or she was under the age of 18 years at the time of the capital offense, life imprisonment, or life imprisonment without parole, according to the provisions of this article.
(2) during. The term as used in Section 13A-5-40(a) means in the course of or in connection with the commission of, or in immediate flight from the commission of the underlying felony or attempt thereof.
(4) Burden of interjecting the issue. Shall be defined as provided in Section 13A-1-2(14) .
(5) Murder and murder by the defendant. Shall be defined as provided in Section 13A-5-40(b) .
(7) Under sentence of imprisonment. As used in Section 13A-5-49(1) , the term means while serving a term of imprisonment, while under a suspended sentence, while on probation or parole, or while on work release, furlough, escape, or any other type of release or freedom while or after serving a term of imprisonment, other than unconditional release and freedom after expiration of the term of sentence.
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