May 20, 2013
DOTHAN, Ala. (AP) -- An Alabama court has overturned the conviction of a Dothan man sentenced to death in a 2006 robbery and slaying at a nightclub.
The Dothan Eagle reports (http://bit.ly/KKrIqf ) the Alabama Court of Criminal Appeals says it threw out the murder conviction of 26-year-old Kenneth McKinnis because the trial judge amended the terms of the indictment during his oral instructions to the jury.
Houston County Circuit Judge Ed Jackson sentenced McKinnis to death in 2008 after a jury convicted him of slaying Byron Belser at the Champagne Lounge while the suspect was robbing the nightclub's owner.
David Hogg, McKinnis' defense lawyer, says he expects the case will be retried before a different judge.
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Information from: The Dothan Eagle, http://www.dothaneagle.com
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