Court of Criminal Appeals of Alabama August 14, 1998, CR-94-2039 (Berryhill v. State)

On Application for Rehearing This court's opinion of April 18, 1997, is withdrawn, and the following is substituted therefor. The appellant, Jason Roger Berryhill, was convicted of two counts of murder made capital (1) because the murder was committed *Page 299 during the course of a burglary in the first degree, see §13A-5-40 (a) (4), Ala.