hours after the defendant's arrest at 9:00 a.m. in Bledsoe County. Detective Parham also testified that he advised the defendant of his constitutional Miranda rights, that the defendant voluntarily and knowingly signed a printed form waiving those rights and agreeing to make the statement and that the defendant did not ask to consult a lawyer at any time during the taking of his statement.
Detective Baker, who actually interrogated the defendant while his statement was being recorded on a tape recorder in the presence of Detective Parham, testified that when the questioning began the defendant was very nervous but soon became calm as the questioning proceeded; that the defendant was not intoxicated and that his statement was voluntary. Detective Baker also testified that the defendant was advised of hiscommit a felony, to-wit: burglary of an automobile.
The jury in fixing the sentence of death by electrocution found as a part of its verdict two statutory aggravating circumstances, as follows:
"2. The defendant was previously convicted of one or more felonies, other than the present charge, which involved the use or threat of violence to the person. "To-wit: guilty plea to: second degree murder; grand larceny; burglary auto. "7. The murder was committed while the defendant was engaged in committing or was an accomplice in the commission of, or was attempting to commit, or was fleeing after committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, larceny, kidnapping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb.
"To-wit: first degree murder